What happens when a party to a contract unilaterally introduced a new term into it without the other party's consent?

This is one question many contractual parties have to deal with in the course of their commercial dealings. The answer was reiterated in the recent pronouncement by the Court of Appeal in See Teow Chuan & Anor v YAM Tunku Nadzaruddin Ibni Tuanku Jaafar & Ors [2007] 2 CLJ 82 whereby it was held that an attempt by a party to a contract to unilaterally introduce a new term into it was regarded as a breach of contract because it amounts to an intimation of an intention to abandon and altogether to refuse the performance of the contract.

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