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HomeCivil CodeDiv. 3Pt. 2Ch. 3§ 1697 Contract Modification By Writing

§ 1697 Contract Modification By Writing

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1697 Contract Modification By Writing

This law says that even if a contract isn’t written down, the people involved can change it in writing later without needing anything new in return, and the old parts are replaced by the new agreement.

Key Takeaways

  • •A verbal agreement can be changed later if the change is written down and both sides agree.
  • •No extra payment or new promise is needed to make the change official.
  • •The written change replaces the old terms to the extent it modifies them.

Example

Two friends agree to rent a bike for $5 a day. Later they both agree, in a text message, to change the price to $3 a day.

Because the change is in writing and both agree, the new $3 price replaces the old $5 price, even though they didn’t add anything new like extra money or a promise.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1697 Contract Modification By Writing

A contract not in writing may be modified in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the modification. (Amended by Stats. 1976, Ch. 109.)

Last verified: January 9, 2026

Key Terms

contract not in writingmodifiedconsent of the partiesin writingwithout a new considerationextinguished

Related Statutes

  • § 4350 Association Rule Validity
  • § 6632 Association Rule Validity
  • § 1135 Ship Interest Transfer Rules
  • § 1140 Molder-Customer Die Ownership
  • § 1146 Voluntary Personal Property Gifts

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1697.
View Official Source