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LawTalk
LawTalk, Attorney
Category: Legal
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What is it called when your ongoing actions modify a

Customer Question

What is it called when your ongoing actions modify a contract
Submitted: 28 days ago.
Category: Legal
Expert:  LawTalk replied 28 days ago.

Good morning Allan,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Can you please explain in a bit more detail what you mean? How could an act by one party to a contract result in a modification of a written contract?

2. Are you asking what the legal term is for the changing of a written contract part way through the term of the contract?

Doug

Customer: replied 28 days ago.
I have a written contract which was verbally amended by both parties 13 months ago (contract states all amendments are to be written).
Both parties on an ongoing basis have acted in accordance with the verbal amendment with no verbal or written challenges until
now.
Expert:  LawTalk replied 28 days ago.

Good afternoon,

Given the language of the written contract, none of your verbal changes to the contract are legally valid or enforceable under the law.

In this case, your ongoing actions have not modified the contract. You need to create an Addendum to the contract and amend it through a written document if you want any of the changes to be enforceable by a court.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Customer: replied 28 days ago.
In regard to a written lease that states the due date of the rent as the first of the month
and when a tenant on an ongoing basis pays on the 15th of the month without challenge from the
landlord. the courts will impose the 15th as the new due date. What is that called and does that apply
to my previous question?
Expert:  LawTalk replied 28 days ago.

Hi,

That is called a modification by acquiescence, and just so you know, it is extremely rare that a judge would make the order that you mentioned and when they do it is because the landlord is in a superior position and the tenant is deemed to be legally unsophisticated.

Presuming that both you and the other party are both business people, and this contract is a business dealing, I would never expect a judge to rule that modifications not in writing would be enforceable just because there was a history of one party allowing the other to deviate from the terms of the agreement.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 27 days ago.

Hi,

Is there anything else I can assist you with today?

Doug

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