313. Modification

313. Modification Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of party claiming modification] claims that the original contract was modified or changed. [Name of party claiming modification] must prove that the parties agreed to the modification. [Name of other party] denies that the contract was modified. The parties to a contract may agree to modify its terms. You must decide whether a reasonable person would conclude from the words and conduct of the parties that they agreed to modify the contract. You cannot consider the parties' hidden intentions. [A contract in writing may be modified by a contract in writing.] [A contract in writing may be modified by an oral agreement to the extent the oral agreement is carried out by the parties.] [A contract in writing may be modified by an oral agreement if the parties agree to give each other something of value.] [An oral contract may be modified by consent of the parties, in writing, without an agreement to give each other something of value.] ___________________________________________________________________________ New September 2003; Revised December 2009