As a professional, it is important to understand the legal implications of the topics we write about. One such topic that often comes up is the question of whether a written contract can be modified orally.
The short answer is yes, it is possible to orally modify a written contract. However, there are a few important considerations to keep in mind.
First, it is important to understand that any modification to a written contract should be documented in writing. This can be done through a written amendment to the original contract, or through a new written agreement that specifically references the original contract and sets forth the terms of any modifications.
Why is this important? Without written documentation of the modifications, it can be difficult to prove that the parties intended to modify the original contract. This can lead to disputes over what the parties actually agreed to, and can even result in litigation.
Another important consideration is the concept of the “parol evidence rule.” This rule generally holds that oral statements made before or at the time of signing a written contract cannot be used to contradict or vary the terms of the written contract.
However, the parol evidence rule does not apply to subsequent oral modifications to the written contract. In other words, if the parties agree to modify the contract after it has been signed, the terms of that modification can be proved through oral testimony or other evidence.
It is also important to keep in mind that certain types of contracts may require written modifications, regardless of the parties’ intentions. For example, contracts for the sale of goods over a certain dollar amount must be in writing under the Uniform Commercial Code.
Finally, it is always a good idea to consult with an attorney before attempting to modify a written contract. An attorney can help ensure that the modifications are legally enforceable and can help draft any necessary written documentation to ensure that the modifications are clear and unambiguous.
In conclusion, while it is possible to orally modify a written contract, it is important to ensure that any modifications are documented in writing to avoid potential disputes or litigation. The parol evidence rule and other legal requirements may also come into play, so it is always wise to consult with an attorney before attempting to modify a contract.