Modification — in plain language

Plain language

an official change to the terms of an existing contract, court order, or agreement

• an official change to a contract
• an update to the agreed terms
• a formal amendment

What to watch for

• A modification changes specific terms but usually keeps the rest of the contract in force; a plain rewrite should not imply the whole agreement is being replaced or canceled.
• Many contracts require modifications to be in writing and signed; an informal change may not be enforceable, so do not imply a casual agreement is binding.
• In some jurisdictions a contract modification needs new consideration to be valid; a plain rewrite should not gloss over whether something new was exchanged.

A Change, Not a Replacement. A modification adjusts certain terms but generally keeps the rest of the agreement alive. This differs from canceling the contract or replacing it entirely (a novation). A plain rewrite should make clear that the deal continues, just with some terms changed, unless the text says otherwise.

Form and Consideration. Two traps often hide in modifications. First, many contracts say changes must be written and signed, so a casual verbal "okay" may not bind anyone. Second, in some jurisdictions a contract change needs new consideration — fresh value exchanged — to be enforceable. Readers should not assume an informal or one-sided change automatically sticks.

Common Misunderstandings by Non-Lawyers.

• "Modifying a contract throws out the whole old agreement." (Usually not — only the changed terms are affected; the rest stays in force.)
• "We agreed to a change over the phone, so it's binding." (Maybe not — if the contract requires written, signed changes, the verbal one may not count.)
• "A court order automatically updates when my life changes." (No — you generally must file for a modification and get the court to approve it.)

Legal definition

An official change to the terms of an existing contract, court order, or agreement. A modification adjusts specific terms while typically leaving the rest of the original agreement in force. Many contracts require any modification to be in writing and signed to be enforceable, and some jurisdictions require new consideration — something fresh of value exchanged — for a contract change to be valid. In family law, a modification is a request asking a court to change an existing order, such as child support or custody, when circumstances change.

Meanings by context

family law: asking a court to change an existing support or custody order

Examples

Where you'll see it

• contract amendments
• child support and custody changes
• loan and mortgage adjustments
• settlement agreements

Related terms

• amendment
• addendum
• consideration
• no-oral-modification clause
• novation
• waiver

Word details

Pronunciation

mod-i-fi-KAY-shuhn

Part of speech

noun

Origin

Latin — from 'modificare' — to limit, set a measure to, or adjust; the act of changing something

Domains

contract law, family law, real property, civil procedure

Frequency

very common

Formality

moderate