WI · jury_instructions
Wis JI-Civil 3030
Modification by Mutual Assent
One party to an existing contract cannot alter its provisions without the consent of the
other party. In order that any new provisions may become part of an existing contract, it is
necessary that there be a meeting of the minds of the parties on all essential terms and
conditions of the new provisions. The parties must agree that the new provisions are to be
made part of the existing contract. The usual procedure in modifying a contract is for one
party to propose a modification and for the other party to assent to the proposal.
A modification of a contract may be written, oral, or partially written and partially
oral. Regardless of whether a prior contract is oral or written, it may be modified orally.
To constitute a modification, the language used and the conduct of the parties must
show that there has been a meeting of the minds of the parties on all terms of the contract
modification.
[No new consideration is required to support modification of a contract which has not
been fully performed.]
History
Wis JI-Civil 3030 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a941e6d72a411063d8cdf69d0e0aa06533d6f25cde6cea579a69960ccc69237f
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