Question

Can you orally modify a contract that is in writing and within the Statute of Frauds?

Answer 1

Within the statute of frauds, you cannot orally modify a contract that is in writing. There must be a written agreement or a written modifications required.

Oral modifications can be done through-

1. Digital conferencing platforms such as Skype.

2. Phone

3. Person

It provides flexibility in place, comfort and time, but oral modifications are not always acceptable. However it is a reliable tool for contractual bound parties but there are some limits in their usage.

There are No Oral Modification Clauses (NOM) in the agreements, which prevents the party from engaging in any fraud.

Some contracts that are subject to the statute of frauds must be in writing in order to be legally effective. Statute of frauds are the laws whose purpoae is to prevent frauds and criminal activities. These are the state laws which require some contracts to be in writing.

For example-

1. Contracts involving the sale of goods for more than $500.

2. Contracts that cannot be completed within one year of their making according to its terms.

3. Contacts that involve the transfer of land and sale of land.

4. Contracts that will go beyond the lifetime of the one performing the contract.

For any modification, all parties must agree to the changes. If any party disagree about the modification then the changes cannot be enforceable.