Also known as: materially alters · materially altered · materially altering · material alteration · material alterations
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A change to a victim's expected testimony that would occur if the victim heard other testimony before testifying. The court must find the change by clear and convincing evidence before excluding the victim from a public proceeding.
A change to a victim's expected testimony that would occur if the victim heard other testimony before testifying. The court must find the change by clear and convincing evidence before excluding the victim from a public proceeding.
Megan Moore witnessed an assault and the prosecutor scheduled her to testify at trial. The defense moved to exclude her from the courtroom during another victim's testimony, arguing her account would change. The court reviewed the evidence and found no clear and convincing proof that Moore's testimony would be materially altered, so it denied the motion and allowed her to remain.
A physical change to a chattel that changes its identity or character. The actor who makes the change intentionally becomes liable for conversion to a person in possession or entitled to immediate possession.
Michael Miller borrowed a custom sculpture from Madison Meyers and used power tools to reshape it into a different abstract form. Meyers sued for conversion. Because Miller intentionally altered the sculpture's physical condition so that its identity changed, the court held him liable for conversion.
An additional term in an acceptance that significantly changes the original bargain and would result in surprise or hardship if incorporated without express agreement. Between merchants the term does not become part of the contract unless the offeror expressly agrees.
Matrix Technologies offered to sell components to Marathon Logistics with payment due in thirty days. Marathon's acceptance added a clause requiring payment only from resale proceeds. Because the new term would materially alter the credit risk and timing of payment, the court ruled it did not become part of the contract without Matrix's express agreement.
A physical change to a chattel that changes its identity or character. The actor who makes the change intentionally becomes liable for conversion to a person in possession or entitled to immediate possession.
An additional term in an acceptance that significantly changes the original bargain and would result in surprise or hardship if incorporated without express agreement. Between merchants the term does not become part of the contract unless the offeror expressly agrees.
Each sense below has its own examples, sources, and questions.
The government must present clear and convincing evidence that the victim's testimony would be materially altered by hearing other testimony. The court must also attempt to permit the fullest possible attendance and consider reasonable alternatives before ordering exclusion.
No. Only an intentional change that alters the chattel's identity or character triggers conversion liability. Minor or non-identity-changing alterations do not satisfy the test even if they affect value.
A court examines whether the term would result in surprise or hardship if incorporated without the offeror's express awareness. Typical examples include clauses that negate standard warranties or impose unusual delivery guarantees. If the term crosses that threshold it remains only a proposal and does not enter the contract unless the offeror agrees.
Rarely. Shifting from payment after delivery to payment only from resale proceeds reallocates credit risk and cash-flow timing in a way that courts ordinarily view as material, so the term stays a proposal only.
…most likely apply. Under the first test, an offeree's response is a conditional acceptance to the extent it states a term "materially altering the contractual obligations solely to the disadvantage of the offeror". Pennsylvania, at least, has implicitly rejected this test. In Herzog Oil Field Service, Inc. , a Pennsylvania…