§ 19-4 Contract - Modification

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-4 Contract - Modification

A "modification" of a contract is a change; an alteration or amendment which introduces new elements into the details of a contract, or cancels some of them, but leaves the general purpose and effect of the subject matter intact.

Parties to a written contract, after it has been executed and entered upon, may modify it. A written contract may be changed by a subsequent parol agreement, supported by valuable consideration, and evidence is admissible in proof of such parol agreement.

Parties to a contract may supersede a written agreement by an oral one. It is competent for the parties to change, modify, or supersede the written agreement by an oral one. It is entirely competent for the parties to a contract to modify or waive their rights under it and engraft new terms upon it.

It is true that a simple contract completely reduced to writing cannot be changed or modified by parol evidence of what was said or done by the parties at the time it was made, because the parties agree to put the contract in writing and to make the writing part and...