4 ms·
I'm not sure that such a clause would work here. The example legal clause in your link: "This Contract contains the entire agreement of the parties with respe
by Spoom 13y ago
I'm not sure that such a clause would work here. The example legal clause in your link:
"This Contract contains the entire agreement of the parties with respect to the subject matter of the Contract. The contract supersedes any prior agreements, understandings, or negotiations, whether written or oral. This Contract can only be amended through a written document formally executed by all parties."
While that clause could apply once the agreement is signed to any future changes, before that, isn't it just negotiation between the parties? (Whether it can be considered "good faith" or not is another matter, of course.)
- jussij 13y agoI'm no lawyer but doesn't this line provide the required protection: > This Contract can only be amended through a written document formally executed by all parties. To me, that suggests the contract can only be amended if all parties provided a written document approving the amendments. In this case, only one party provided the required documentation.
- bdonlan 13y agoIANAL - but it seems to me that in the link's scenario, you're not amending that contract. You're ignoring or rejecting the initial proposed contract (including this amendment clause) and instead proposing another (different) contract. Since you never agreed to that original amendment clause in the original contract, how would it have any force in the first place? Naturally, if you were to attempt to modify the contract _after_ both parties signed, you would need such a written document executed by all parties.
- cdash 13y agoIt is not a contract until its signed right? So you aren't actually amending the contract but modifying a document that becomes a contract later.