I
have also considered whether the alleged subsequent agreement between
the parties, that the defendants would proceed to sell the chalk and
remit periodic payments to the plaintiff, would constitute a defence
to a claim for the purchase price of the chalk. In this regard, I
have considered whether this subsequent arrangement, if proved, would
constitute ...
I
have also considered whether the alleged subsequent agreement between
the parties, that the defendants would proceed to sell the chalk and
remit periodic payments to the plaintiff, would constitute a defence
to a claim for the purchase price of the chalk. In this regard, I
have considered whether this subsequent arrangement, if proved, would
constitute a variation of the terms of the original agreement between
the parties.
It
would have assisted me greatly had this been pleaded or argued before
me….,.
How
then can I,
mero motu,
hold that the defendants are raising a possible defence to the
plaintiff's claim to the effect that the terms of the original
agreement were varied by a subsequent agreement in the circumstances?
