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Contracts - Modification
1995- Contracts |
C
- 50.2
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A modification of a contract is a change in an obligation by a modifying agreement.
A contract not in writing may be modified in any respect by consent of the parties, in writing, without new consideration, or by oral consent of the parties with new consideration.
A contract in writing may be modified by a contract in writing or by a fully performed oral agreement. [An oral agreement is fully performed whenever the party performing has incurred a detriment, which such party was not obligated by the original contract to incur.]
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NDCC 9-09-05 - 06
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Biteler's Tower Ser. v. Guderian, 466 NW2d 141 (ND 1991)
BAJI 10.69
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