Also known as: alter · alters · altered · altering · alterations · amendment · modification
Written by attorneys · grounded in primary & secondary sources — see below
An act done to an instrument after its execution that changes its meaning or language. Material alterations that affect a party's burden or liability void the instrument while immaterial ones do not.
Andrew Avery, defending a contract dispute, asserted a defense with no basis in law and fact. The court sanctioned the defense team because the position lacked any basis in law or fact and obstructed the opposing party's access to accurate evidence.
Aaron Adams contracted with Avalon Pharmaceuticals to supply raw materials at a fixed price. After an unforeseen supply shortage raised costs, the parties agreed in writing to increase the price by fifteen percent. The modification was fair and equitable given the unanticipated circumstances and therefore binding on both sides.
Select any source to read its text and confirm it supports the definition.
Antonio Alvarado orally agreed with his landlord to extend a five-year commercial lease for another four years. Both the original term and the remaining period exceeded the statute of frauds threshold. The court held the oral modification invalid and enforced only the original written lease.
Anika Anand borrowed Amber Alonzo's vintage printing press for a project. Anika intentionally disassembled and rebuilt the press into a different machine, changing its identity and function. Alonzo sued successfully for conversion because the material alteration destroyed the original chattel's character.
Arthur Abrams formed Apollo Energy as a shell corporation with minimal capitalization and no corporate formalities. He commingled personal and corporate funds while using the entity to avoid personal liability. Creditors successfully pierced the veil by showing unity of interest and that separate existence would sanction fraud.
Azure Solutions' founder and spouse executed a marital property agreement that eliminated spousal support upon dissolution. The modification was later challenged when one spouse faced public assistance eligibility. The court required support to the extent necessary to avoid eligibility under the premarital agreement.
An alteration is material if it changes a party's burden, liability, or duties, such as by modifying the date, amount, or interest rate. Material alterations generally void the instrument while immaterial ones do not.
An oral modification of a lease is invalid when both the original term and the remaining period exceed the statute of frauds period. In such cases only the original written lease controls.
A plaintiff must prove unity of interest and ownership so that separate personalities no longer exist, plus circumstances where adherence to the corporate fiction would sanction fraud or promote injustice. Factors include commingling of funds and failure to observe formalities.
One who intentionally destroys a chattel or materially alters its physical condition so as to change its identity or character is liable for conversion to the party entitled to possession.
…of a warrant of attorney-confession of judgment, a device not ordinarily expected by a homeowner in a simple agreement for alterations and repairs, the inclusion of such a self-abnegating provision must appear in the body of the contract and cannot be incorporated by casual reference with a designation not its own.” 97 A.…