In a review of a recent judgment of the United Kingdom Supreme
Court, which overturned longstanding precedent on No Oral
Modification clauses, partner Ben Hobden and associate Spencer
Vickers of Conyers Dill & Pearman in the Cayman Islands find
the decision will provide welcome certainty on contracts.
Non-Lawyers may be surprised to know that the omnipotence
paradox is a commonly considered topic by law students. The paradox
is expressed in the question: "Can an omnipotent being create
a rock so heavy it could not lift it?" In law school, the
question instead is: "Can two parties agree a term so enduring
that they could not subsequently agree to deviate from that
term?"
The United Kingdom's Supreme Court judgment of 16 May 2018,
which will be of guidance to Cayman Islands courts, in the aptly
named Rock Advertising v MWB Business Exchange Centres
provides an answer to the question. The court was asked to consider
whether a written contract which required
