Oral Modifications of a Contract are Valid

Even the most experienced, smartest lawyers are surprised at just how lenient Minnesota law is in permitting oral modifications to written contracts. Even if your written contract requires that all modifications must be in writing, the contract can be modified orally. The standard of proof is high—clear and convincing evidence is required, but certainly attainable.

The best tip I can offer is that if you think there has been an oral modification to your agreement with another party, write down the change and send it to the other party. Write it down on a cocktail napkin, make a copy, and send the napkin—even that is better than nothing!

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