Can a Written Contract Be Modified Orally?
Contracts are legal agreements between two or more parties that are enforceable by law. Once a contract has been signed, it is binding, and both parties are obligated to adhere to the terms and conditions of the agreement. However, there may be situations where one party wants to modify the contract after it has been signed. In such cases, the question arises whether a written contract can be modified orally.
The short answer is yes, a written contract can be modified orally, but it is not advisable. The reason is that written contracts are designed to provide clarity and certainty about the agreed-upon terms. Oral modifications can lead to misunderstandings, disagreements, and even legal battles.
To modify a written contract orally, both parties must agree to the changes. This agreement must be clear and unambiguous. It may be advisable to document the oral agreement with a written confirmation, which should include the modified terms in detail and the names and signatures of all parties involved.
However, if the contract has a clause that requires all modifications to be in writing, any oral agreement will not be enforceable. Such a clause is commonly known as a “no oral modification” or “NOM” clause. NOM clauses are common in business contracts, and they are designed to provide certainty and prevent misunderstandings.
In some jurisdictions, NOM clauses may not be enforceable, especially if they are deemed unfair or unreasonable. However, it is advisable to include such a clause in a contract to avoid any disputes over oral modifications.
In conclusion, while it is possible to modify a written contract orally, it is not advisable. Written contracts are designed to provide clarity and certainty, and oral modifications can lead to misunderstandings and legal battles. If both parties agree to modify a contract orally, they should ensure that the agreement is clear and unambiguous. It is also advisable to document the agreement in writing, including the modified terms and the names and signatures of all parties involved. Finally, it is essential to check whether the contract has a NOM clause, which may render any oral modifications unenforceable.
