CONTRACT LAW — Variation of Contract — Written Contract — Requirement for Writing
Principle Statement
Where a contract is in writing, any agreement which seeks to vary the original agreement must itself be in writing.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Baliol Nigeria Ltd v. Navcon Nigeria Ltd (2010) NLC-123-57-2003(SC) at p. 5; Paras B–C.
"Where a contract is in writing, any agreement which seeks to vary the original agreement must itself be in writing."
Explanation / Scope
This principle establishes that a written contract can only be varied by a written agreement. Oral variations are ineffective. The principle applies where a party seeks to vary a written contract. It ensures that variations are properly documented. The principle reflects the need for certainty in contractual variations. It prevents disputes over alleged oral variations. The court must require written evidence of variation. The principle provides guidance on the requirement for varying written contracts.
