UJI 13-817. Modification of contract; definition.

Modification of a contract occurs when the parties intend to continue the contractual relationship but wish to change one or more of the terms of the contract. In order for the modification to be effective, there must be mutual assent of the parties to the modification, [and __________________ (name of party to the contract) must have: [done something [he][she][it] was not already obligated to do]; or [promised to do something [he][she][it] was not already obligated to do]; or [not done something [he][she][it] otherwise could have done]; or [promised not to do something [he][she][it] otherwise could have done].] [Even a contract that requires modifications to be in writing may be modified orally. However, the oral modification must be proven by clear and convincing evidence.]