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Related to modification: behavior 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.


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 ?
N6-methyladenosine RNA modification regulates embryonic neural stem cell self-renewal through histone modifications," Nature Neuroscience 2018; DOI: 10.
This type of sequencing doesn't reveal what the modification is, but it pinpoints its location.
By selecting the group with minimum transmission errors fluctuation, we obtained the optimal modification quantity and parameters.
He added that the majority of modifications revolved around tuning engines for extra horsepower and adding loud exhausts.
Bank of America, one of the top mortgage servicers in the Making Home Affordable Program, has seen increases in the number of permanent home loan modifications that have been made over the past months.
Behavior modification may be an effective first line of defense for a teacher who is struggling to get back into control of her class so she can teach.
6 m g/kg three times daily, many children were not normalized; the effect of behavior modification is as strong as the effect of medication.
If we could use a low level of behavior modification therapy in this group, we may be able to keep them off medication," Dr.
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.
Some very basic modifications could increase the success for students with LD and also help others in the classroom that are at risk for having learning problems.
14, 2003 Proceedings of the National Academy of Sciences, a research team described a strategy to synthesize large quantities of a histone with a chosen modification, such as acetylation of a particular amino acid in the histone's tail.
Part I of this two-part article describes the deductions for purchased off-the-shelf software, software modification costs and leased software.