Modifying A Written Contract Orally: What Most Won’t Anticipate in Their Breach of Contract

Our Crystal Lake breach of contract lawyers recognize that the legal qualities inherent to contractual agreements can appear to be contradictory or confusing, so we’re dedicated to analyzing all breach of contract cases individually to provide our clients with the highest standard of counsel.

A breach of contract lawsuit generally comes about when one party neglects or fails to uphold a contractual duty. The court is going to examine the majority of arguments for a case between each side regarding the established boundaries of the written agreement. The verdict will be reached through reinforcing the contract’s requirements. One significant rule many clients and lawyers will not be aware of is how oral modifications can override the guidelines on a written contract, even if the agreement includes a “no oral modification” statement.

During Tadros v. Kuzmak (1995), Ms. Tardos was sent to court for a non-payment of $105,777 with a commercial real estate property through Joseph Walinchus, Walter Kuzmak and the Bank of Evergreen Park. The court determined that the merchants’ oral modification breach of contract regarding tax escrow dismissed Tardos of any duty to fulfill monthly tax installments and permitted the forfeiture of the estate.

Simply, since the sellers didn’t uphold part of the oral amendment, Ms. Tardos could leave the contract and bypass the non-payment fees. That means the presence of a “no oral modification” holds no legal weight and may be misleading instead of protective. The importance of this legal item rests in the way strict understandings of the actions of each party within the legal contractual boundaries can be short-sighted sometimes.

The legal mechanics and the oral amendments of agreements are suitable as the veritable interpretation of the contract. In Caulfield v. Packer Engineering (2015), similar precepts were applied to an employment contract agreement as the court described that, “the requirements of written contracts can be altered by a succeeding oral agreement even if the agreement precludes oral modifications.”

Contact Our Cary Breach of Contract Attorneys

Our Fox River Grove breach of contract lawyers have decades of experience combined in managing a multitude of different business litigation and dispute cases in the Greater Chicago Area. To speak with one of our attorneys today, please reach us online or give us ring at (815) 242-9153.


***This is not intended to be legal advice and you should consult with an attorney.