Can a contract in writing be modified by an oral agreement?
MultiRegion, United States of America
The following excerpt is from Roche v. Bank of Am., Nat'l Ass'n, CASE NO: 12-CV-2002 W (WVG) (S.D. Cal. 2013):
Under California law, "(b) [a] contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties." Cal. Civ. Code 1698(b). "If there exists sufficient consideration for an oral modification agreement, then full performance by the promisee alone would suffice to render the agreement 'executed' within the meaning of section 1698." Raedeke v. Gibraltar Sav. & Loan Assn., 10 Cal. 3d 665, 698 (1974).
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