Modification of a Written Contract

The typical breach of contract case arises when one party fails to fulfill its duties under a written contract and as a result, becomes liable to the other party for damages.  The most important piece of evidence in these cases is usually the written contract.  The court will view the contract, determine the obligations of the parties, and make a ruling.  However, not all breach of contract cases are so simple.  It is not uncommon for parties to modify portions of their contract after signing on the dotted line.  Modifications to obligations can take place in a variety of ways.  They can be written, oral, or by the parties’ conduct.  In fact, several Illinois courts have found that written contracts can be modified orally even if a “no oral modification” clause is set forth in the contract itself.  In these cases, the court will need to look beyond the terms of the contract to the conduct and intent of the parties.  The attorneys at MacDonald, Lee & Senechalle are well-versed in the complexities of breach of contract law.  Please call us if you have any questions concerning your case.