modification


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Related to modification: behavior modification

Modification

A change or alteration in existing materials.

Modification generally has the same meaning in the law as it does in common parlance. The term has special significance in the law of contracts and the law of sales.

The parties to a completed and binding contract are free to change the terms of the contract. Changes to a preexisting contract are called contract modifications. If the parties agree to modify the contract, the modification will be enforceable in a court of law.

A contract modification may be either written or oral, with some exceptions. An oral modification is unenforceable if the contract specifies that modifications must be in writing (United States ex rel. Crane Co. v. Progressive Enterprises, Inc., 418 F. Supp. 662 [E.D. Va. 1976]). As a general rule, a modification should be in writing if it increases or decreases the value of the contract by $500 or more.

In contracts between parties who are not merchants, a modification should be supported by some consideration, which is the exchange of value, or something to solidify an agreement. Courts impose this requirement to prevent Fraud and deception in the modification of contracts. Consideration operates as evidence that the parties have agreed to the modification. Without the requirement of consideration, a party to a contract could declare that the contract should be modified or canceled whenever such a demand was advantageous.

In contracts between merchants, a modification need not be supported by consideration. Derived from article 2, section 209, of the Uniform Commercial Code, this rule is designed to honor the intent of commercial parties without requiring the time-consuming technicalities of consideration.

Like any non-merchant, a merchant is free to reject a proposed modification, but a merchant may waive the right to reject a modification by failing to object to the modification. For example, if an electrician doing work as a subcontractor notifies the general contractor that the electrical work will be more expensive than anticipated, the general contractor may be obliged to pay for the extra expenses if she fails to object before the electrician begins the work. There must be a legitimate commercial reason for such a contract modification, and the modification must be reasonable in light of the standards within the particular industry. Courts are free to strike down contract modifications that are brought about by duress or bad faith.

Cross-references

Sales Law.

modification

n. a change in an existing court order or judgment made necessary by a change in circumstances since the order or judgment was made to cure an error. A motion (petition) to the court for modification is common after divorce judgments because the courts "retain jurisdiction" over matters concerning the children which may need changes such as terms of child support and custody.

modification

noun adaptation, adjustment, alteration, change, correction, exception, limitation, partial change, reservation, restriction, slight change, variation
Associated concepts: amendment, material modification, modification of a contract, modification of a decree, modiiication of a will, modification of an order, modification of judgment, reformation
See also: abatement, amendment, change, condition, correction, curtailment, innovation, qualification, transition, treatment

MODIFICATION. A change; as the modification of a contract. This may take place at the time of making the contract by a condition, which shall have that effect; for example, if I sell you one thousand bushels of corn, upon condition that any crop shall produce that much, and it produces only eight hundred bushels, the contract is modified, it is for eight hundred bushels, and no more.
     2. It may be modified by the consent of both parties, after it has been made. See 1 Bouv. Inst. n. 733.

References in periodicals archive ?
Fontaine Modification Vocational Services is a business unit of Fontaine Modification that provides specialized truck modifications for customers in a variety of industries, including refuse/recycling collection, auto transport, street sweeping and emergency services.
Eric Selk, executive director of HOPE NOW, said, "While loan modifications continue to fall from their peak levels around 2010, delinquencies and foreclosures are showing [a] corresponding decline.
Certified means they have the right skills and the right equipment and they understand the rules and regulations of modifications.
final approval for the modification work order fielding review board and release of modification work orders.
They say they have their own evaluators, who have been trained based on the regulations defined as part of the modifications passed three years ago.
Yet, many lenders argue that not all homeowners are properly taking the steps they must to qualify for a home loan modification and, simply put, not every homeowner will meet the demands of the Home Affordable Modification Program and get a home loan modification.
Behavior modification emphasizes the here and now--observable behavior.
Some research has indicated that both sodium and phosphorus may negate the effect of strontium, making modification difficult and requiring more modifier.
The modifications will be done to AN/APQ-164 radar that has been used by the Palmdale-manufactured bombers since 1985.
In fact, the maximum incremental value of medication to behavior modification occurred at this low dose.
The best indicator of whether a company will renew a contract or do so without material modification is the company's history of renewals/extensions of this or similar contracts.
There are a variety of teaching strategies and modifications that are recommended for all children, but are absolutely critical for those students with LD.