Doctrinal reform and post-contractual modifications in New….pdfVIP

Bond University ePublications@bond Law Faculty ublications Faculty of Law 9-1-2010 Doctrinal reform and post-contractual modifications in New Brunswick : Nav Canada . Greater Fredricton Airport Authority Inc. Rick Bigwood Bond University, Rick_Bigwood@.au Follow this and additional works at : .au/law_pubs art of the Commercial Law Commons, and the Contracts Commons Recommended Citation Rick Bigwood. (2010) Doctrinal reform and post-contractual modifications in New Brunswick : Nav Canada v. Greater Fredricton Airport Authority Inc. Canadian business law journal, 49 (2), 256-277. .au/law_pubs/380 This Journal Article is brought to you by the Faculty of Law at e ublications@bond. It has been accepted for inclusion in Law Faculty ublications by an authorized administrator of e ublications@bond. For more information, please contact Bond University s Repository Coordinator. DOCTRINAL REFORM AND POST-CONTRACTUAL MODIFICATIONS IN NEW BRUNSWICK: NAV CANADA v. GREATER FREDERICTON AIRPORT AUTHORITY INC. 1. Introduction It frequently happens, especially with enduring contracts, that either or both contracting parties wish to change the contract as they go. Where the contract itself does not provide a procedure for making variations (or, if it does, the parties for whatever reason omit to follow that procedure), the parties can always vary their contract informally. Informal variations, however, can generate some thorny legal issues, especially if the variation privileges one party only (for example, the variation is that the contractor will be paid more simply to finish what the original contract already requires of him), or if the prom