LAW 505-002 – Contracts I
Restatement Second of Contracts § 89
Modification of Executory Contract
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A promise modifying a duty under a contract not fully performed on either side is binding
- if the modification is fair and equitable in view of circumstances not anticipated by the parties when the contract was made; or
- to the extent provided by statute; or
- to the extent that justice requires enforcement in view of material change of position in reliance on the promise.