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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.


Sales Law.


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.


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 ?
Posttranslational modification of E-cadherin by core fucosylation regulates Src activation and induces epithelial-mesenchymal transition-like process in lung cancer cells.
Assisted reproductive technologies (ART), as a medicinal approach to the solution of human infertility, are a field where the posttranslational modifications and their consequences could be utilized.
ROS/RNS induced posttranslational modifications are known to modulate the catalytic activity of ATP synthase in several pathophysiological conditions.
To fulfill this demand, more advanced studies will be needed, taking advantage of the biophysics and understanding of posttranslational modifications that mandate protein folding and the ultimate form of the three-dimensional structures.
So coupling these items with the technological breakthroughs at the time in identifying vast amounts of proteins and their posttranslational modifications (which are not predicted nor detected from a genome), it's understandable why there was so much excitement to jump start this field.
These posttranslational modifications are characterized by the formation of covalently bound adducts on proteins, called posttranslational modification-derived products (PTMDPs), [4] that are responsible for alterations of protein structural and functional properties (1).
We suggest that posttranslational modification of proANP be investigated, because differences in calibration could lead to different assay performance characteristics for certain populations.
Another nonenzymatic posttranslational modification of proteins is carbamylation, which corresponds to the binding of isocyanic acid to amino groups.
In turn, protein function is regulated by small molecular change known as posttranslational modifications, which cannot be detected in the DNA or RNA.
At the beginning a basic protein structure is translated from a DNA sequence followed by changes in the structure of basic protein called posttranslational modifications.
Four contributions focus on the genetic and molecular basis of episodic disorders, describing voltage-gated sodium channels, physiological disorders associated with ion channel membrane trafficking, the role of aberrant posttranslational modifications in acquired channelopathies, and episodic and electrical nervous system disorders caused by nonchannel genes.
His research interests include determining posttranslational modifications on EBOV glycoproteins and antiviral strategies for severe virus infections.

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