Sunday, October 01, 2006

2d Circuit discusses oral modifications

In Seneca Beverage v. HealthNow, the 2d Cir. held that contracts that require modifications to be signed writings may nonetheless be modified orally under certain circumstances -- namely where (1) there is partial performance or (2) reliance -- where the subsequent reliance or performance is unequivocally based on the oral modification.

Click on heading for link to case.

http://subscript.bna.com/SAMPLES/pbd.nsf/eb2e003c317a995185256b57005cbf19/fa7c88ff1b8ccb3c852571f700789595?OpenDocument

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