A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the modification.
Extinction of ContractsModification and Cancellation
Section § 1697
If both parties agree, they can modify an unwritten contract by putting the changes in writing. They don't need anything new or additional in return to make these changes, but the contract will only be changed or ended concerning those modifications.
contract modification unwritten contract party consent
Section § 1698
This law explains how written contracts can be changed. You can update a written contract with another written contract. You can also change it with a verbal agreement, but only if everyone involved actually follows through with the changes. You can modify a contract with a verbal agreement if there's something new of value exchanged, unless the contract forbids it. In some cases, other legal principles might apply, like estoppel (preventing someone from arguing something contrary to a previous claim), changing the contract into a new one, canceling it with a verbal agreement, waiving a contract term, or having a separate side agreement.
(a)CA Civil Law Code § 1698(a) A contract in writing may be modified by a contract in writing.
(b)CA Civil Law Code § 1698(b) A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.
(c)CA Civil Law Code § 1698(c) Unless the contract otherwise expressly provides, a contract in writing may be modified by an oral agreement supported by new consideration. The statute of frauds (Section 1624) is required to be satisfied if the contract as modified is within its provisions.
(d)CA Civil Law Code § 1698(d) Nothing in this section precludes in an appropriate case the application of rules of law concerning estoppel, oral novation and substitution of a new agreement, rescission of a written contract by an oral agreement, waiver of a provision of a written contract, or oral independent collateral contracts.
contract modification written contracts oral agreement
Section § 1699
If everyone involved in a written contract agrees to destroy or cancel it, their obligations under that contract are terminated.
The destruction or cancellation of a written contract, or of the signature of the parties liable thereon, with intent to extinguish the obligation thereof, extinguishes it as to all the parties consenting to the act.
contract cancellation destruction of contract extinguish obligation
Section § 1700
If someone who has benefits from a written contract destroys, cancels, or changes it with their own approval, then any ongoing duties or promises owed to that person by others who didn't agree to the change are canceled.
The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act.
intentional destruction written contract material alteration
Section § 1701
If a contract is made in two copies, altering or destroying one doesn't count as changing the contract as long as the other copy is still around.
Where a contract is executed in duplicate, an alteration or destruction of one copy, while the other exists, is not within the provisions of the last section.
duplicate contract contract alteration destroying a copy
