Is a term stating the contract can only be changed in writing, valid?

Question

No Modification. This Agreement may be changed only by a writing signed by both parties.

I know a contract is still binding without a signature, and even if it's not in writing. So are these types of terms enforceable?

Dale M · Accepted Answer · 2019-03-19 10:02:22Z

2

Absolutely

Clauses requiring variations to be in writing are common and enforceable.

Of course, the parties can agree verbally to vary that clause - but if they agree it was varied, why are they in dispute?

answered Mar 19, 2019 at 10:02

Dale M♦

198k17 gold badges226 silver badges431 bronze badges

I don't understand the conclusion made by your last point. If parties verbally agreed that verbal agreements were allowed, then a dispute arises about a future verbal agreement, hypothetically it would be easier for one party to argue that a verbal agreements were never valid anyway.
– justasking111
Mar 19, 2019 at 22:50
@justasking111 correct. If the parties make a verbal change and one party then welches (some people are unscrupulous, shocking, isn’t it?j then that party can rely on this clause to exclude the verbal agreement absent any other evidence of it.
– Dale M ♦
Mar 20, 2019 at 2:06

Add a comment |

ohwilleke · Accepted Answer · 2019-03-19 19:29:15Z

1

It varies by jurisdiction. In Colorado, such terms are completely invalid. Some jurisdictions honor them.

answered Mar 19, 2019 at 19:29

ohwilleke

195k12 gold badges360 silver badges654 bronze badges

1

That is interesting I wouldn't have expected that.. Is that a matter of statute, or case law?
– David Siegel
Mar 19, 2019 at 19:31
1

@DavidSiegel Long standing case law.
– ohwilleke
Mar 19, 2019 at 22:51

Add a comment |