Also known as: materially alter · materially alters · materially altering · material alteration · material alterations
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A substantial change in a victim's expected testimony caused by hearing other testimony at a public court proceeding. The court excludes the victim only upon clear and convincing evidence of such alteration and must consider reasonable alternatives to permit attendance.
A substantial change in a victim's expected testimony caused by hearing other testimony at a public court proceeding. The court excludes the victim only upon clear and convincing evidence of such alteration and must consider reasonable alternatives to permit attendance.
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A physical change to a chattel that alters its identity or character. The actor who intentionally makes such a change is subject to liability for conversion to a person in possession or entitled to immediate possession.
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An additional term in an acceptance or confirmation that significantly changes the offer's bargain. Between merchants the term does not become part of the contract if it materially alters the original agreement.
Select any source to read its text and confirm it supports the definition.
A physical change to a chattel that alters its identity or character. The actor who intentionally makes such a change is subject to liability for conversion to a person in possession or entitled to immediate possession.
An additional term in an acceptance or confirmation that significantly changes the offer's bargain. Between merchants the term does not become part of the contract if it materially alters the original agreement.
Each sense below has its own examples, sources, and questions.
Michael Miller was scheduled to testify as the victim in a robbery prosecution. The prosecutor learned that Miller had sat through the testimony of two other eyewitnesses the day before. The court held a hearing and found by clear and convincing evidence that Miller's account would be materially altered by what he had already heard. The court therefore excluded Miller from the remainder of the proceeding and stated its reasons on the record.
A court may exclude the victim only upon clear and convincing evidence that the victim's testimony would be materially altered by hearing other testimony. The court must still make every effort to permit the fullest attendance possible and consider reasonable alternatives before ordering exclusion.
Supporting sources
Miles Montgomery borrowed Musa Mensah's vintage automobile for a weekend. Without permission Montgomery removed the original engine and replaced it with a modern high-performance motor, then repainted the car a different color. Mensah sued for conversion. The court held that the intentional physical changes had materially altered the vehicle's identity and character, rendering Montgomery liable for conversion.
Liability arises when the actor intentionally destroys the chattel or so materially alters its physical condition that its identity or character changes. The change must be substantial enough to transform the item into something different from what the possessor originally held.
Supporting sources
Matrix Technologies sent a purchase order for custom parts to Marathon Logistics. Marathon's acknowledgment added a clause requiring arbitration of all disputes in its home state. The parties were merchants and Matrix remained silent. The court held that the arbitration clause materially altered the original bargain and therefore did not become part of the contract under the battle-of-the-forms rule.
The court examines whether the term would significantly change the offeror's duty, burden, or risk under the original bargain. Standard protective clauses that are not surprising in the trade usually do not qualify as material alterations, while terms imposing new arbitration obligations or shifting substantial liability often do.
Supporting sources