Tuesday, 29 May 2018

Whether it is permissible for a party to unilaterally alter or add terms and conditions of contract?

 Equally well settled principle of law relating to contract is that a party to the contract can insist for performance of only those terms/conditions, which are part of the contract. Likewise, a party to the contract has no right to unilaterally "alter" the terms and conditions of the contract and nor they have a right to "add" any additional terms/conditions in the contract unless both the parties agree to add/alter any such terms/conditions in the contract.

27. Similarly, it is also a settled law that if any party adds any additional terms/conditions in the contract without the consent of the other contracting party then such addition is not binding on the other party. Similarly, a party, who adds any such term/condition, has no right to insist on the other party to comply with such additional terms/conditions and nor such party has a right to cancel the contract on the ground that the other party has failed to comply such additional terms/conditions.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 7665 of 2009

Decided On: 25.10.2017

 Suresh Kumar Wadhwa Vs.  State of M.P. and Ors.


Hon'ble Judges/Coram:
R.K. Agrawal and Abhay Manohar Sapre, JJ.

Citation:(2017) 16 SCC757
Read full judgment: Click here


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