Also known as: significant changes · material change · substantial change
Written by attorneys · grounded in primary & secondary sources — see below
A notable alteration in facts, circumstances, position, or condition that justifies enforcement, modification, revocation, or removal of a legal obligation, decree, or judgment.
Sophia Singh, a law firm partner, orally agreed with Spectrum Financial to handle an expanded regulatory probe for an added fee after an unforeseen investigation arose. Relying on the promise, Singh hired extra associates and declined other work while Spectrum restructured its compliance team. When Spectrum later refused the additional payment, the court enforced the modification because justice required it given Singh's material change of position.
Spencer Silver, a public official, sued a reporter after the published story changed his words from supporting a policy to opposing it outright. The deliberate alteration created a different meaning that the reporter knew was false. The court found actual malice because the change was material rather than trivial.
Select any source to read its text and confirm it supports the definition.
Sapphire Holdings accepted a shipment of jackets after a quick inspection and placed them on racks following the seller's assurance of prompt cure. Customer returns soon showed the linings frayed after minimal wear. Three weeks later, before any further substantial change not caused by the defect, Sapphire notified the seller of revocation for the remaining jackets.
Sabrina Shah and her fiancé signed a premarital agreement waiving spousal support. Years after marriage, a severe illness left Shah unable to work and facing public assistance eligibility. The court refused to enforce the support waiver because enforcement would cause substantial hardship due to the material change in circumstances.
Sentinel Security purchased a lighting rig from a manufacturer and delivered it to a venue. Venue staff added custom brackets and rerouted cables for the existing grid before the event. When the rig later detached under normal use and injured a patron, the manufacturer remained liable because the product reached the user without substantial change in the condition sold.
Sarah Sullivan served as trustee of a family trust whose beneficiaries all requested her removal after the trust's investment strategy became obsolete due to market shifts. The court found a substantial change of circumstances and that removal best served the beneficiaries without conflicting with any material purpose. A suitable successor was available, so the court ordered removal.
The moving party must prove a significant change in facts or law since entry of the decree and that the proposed modification is suitably tailored to the changed circumstance.
Enforcement is permitted to the extent justice requires when reinstatement of the original terms would be unjust in view of the reliance change.
Revocation must occur before any substantial change in condition not caused by the goods' own defects and within a reasonable time after discovery.
A court may refuse enforcement if the term would cause substantial hardship because of a material change in circumstances arising after signing.
Liability does not attach if the product reaches the user after a substantial change in the condition in which it was sold.
…sharply focused on how best to protect dignity and independence at the end of life, with the result that there have been many significant changes in state laws and in the attitudes these laws reflect. Many States, for example, now permit "living wills," surrogate health-care decisionmaking, and the withdrawal or refusal of…