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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 ?
It is increasingly clear that most proteins exist in multiple forms due to truncations, posttranslational modifications, or single nucleotide polymorphisms.
Including combinations and posttranslational modifications, about 100,000 gene products are predicted.
For the proANP-derived peptides, little is known about posttranslational modifications, and their clinical measurement has not yet been challenged with regard to assay calibration.
The purpose of this review is (a) to describe the nonenzymatic posttranslational modifications of proteins involved in molecular aging, (b) to take inventory of the analytical methods available for the measurement of PTMDPs, and (c) to evaluate the potential contribution of new technologies to the clinical use of PTMDPs as biological markers of molecular aging of proteins.
1, A and B, middle panels), indicating that, unlike pro-ANP and pro-CNP, pro-BNP underwent significant posttranslational modifications when it was secreted from the cells.
Of these identified proteins, enzyme digestions and chemical oxidation suggest posttranslational modifications of some proteins e.
The phosphorylated posttranslational modifications of IK have been shown to be regulated by casein kinase II (CKII) throughout the primary sequence.
Alcohol can regulate a membrane-bound ion channel in several ways: by changing the activity of proteins through posttranslational modifications, interacting with membrane lipids, interacting with auxiliary proteins, modulation of membrane protein expression (i.
Coverage begins with blood components and blood plasma proteins, followed by discussion of domains, motifs and repeats; protein families; and posttranslational modifications.
Posttranslational modifications, extensive technological platforms and sophisticated informatics infrastructure.
Objective: Posttranslational modifications of histone proteins have emerged as central regulators of gene expression.
Instrument-specific methods and settings used for the LC-MS/MS quantification of tau in CSF and LC-MS profiling for the characterization of tau posttranslational modifications are described in the Data Supplement that accompanies the online version of this report at http://www.

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