Can a Written Contract be Orally Modified When it States that it Can't?

In today's fast-paced world, it is not uncommon for an issue to arise that requires the immediate modification of an existing contract. However, often contracts contain clauses stating that the terms of the contract may only be amended in writing and signed by the parties. Such provision is known as a 'no oral modification' or 'NOM' clause. NOMs are not always binding on the parties, even when they are present in the signed document. Courts, when faced with the issue of whether or not to accept an oral modification, have historically given little weight to the presence of a NOM. However, as the author of this article explains, that is all about to change.