Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed). Oral discussions about modifying a written contract which are not executed (performed) will not change the contract terms.
At times, the parties will present to the Court a series of emails to demonstrate that there has been a “signed written modification agreement.” Some Courts will accept emails exchanges to satisfy that requirement, others are reluctant to do so.
This is one of those areas where the law is evolving to catch up to modern day practices.
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