WI · jury_instructions
Wis JI-Civil 3032
Modification by Conduct
If you determine that one party to a contract has performed in a manner differing from
the strict obligations imposed on him or her by the contract, and the other party by conduct or
other means of expression induced a reasonable belief by the first party that strict
performance was not insisted upon, but that the modified performance was satisfactory and
acceptable as equivalent, you may then conclude that the parties have assented to a
modification of the original terms of the contract and that the parties have agreed that the
different mode of performance will satisfy the obligations imposed on the parties by the
contract.
The acts which are relied upon to show modification of a contract may not be
ambiguous in character. Acts which are ambiguous, and which are consistent either with the
continued existence of the original contract or with a modification, are not sufficient to
establish a modification.
History
Wis JI-Civil 3032 (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
80ea00e734f0605a0380c4e4eb51e465b884c5d4651953717f61d50c78f132e2
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