3.4 What steps should be taken to require treaty change, because it is not foreseen or if another contractor makes such a request? Contracts come in many forms and can be tailored to your needs. Sales contracts and order tickets are considered contracts, although they have a special name. If significant changes are needed, it may be better to simply create a new contract based on the existing agreement. If the execution of the contract has not become impossible, but more difficult or heavier, it is not possible to assert force majeure. However, the party concerned may then consider requesting a change to the contract because it is not foreseeable. A request to amend the contract for unpredictability does not terminate the performance of the contract. The applicant should therefore not be held liable in this regard. The risk in this case is uncertainty as to what the courts will decide without agreement between the contracting parties. Contracts can be technically written or oral.
However, in general, when a person refers to a „contract,“ it usually means a written document, whereas an oral contract is often referred to as an „agreement.“ While an oral contract is often as enforceable as a written contract, there are serious evidential issues in the event of a dispute. It is much more difficult to prove what an oral contract contains because the evidence is generally based on „he said,“ she says. Oral contracts are also not legally applicable to certain types of contracts, such as Z.B. Contracts to purchase real estate or agreements that are expected to last more than a year. Such a request for review could apply if the Covid-19 outbreak represents a change in circumstances that were unpredictable at the time of the contract (a) and if the effect of the amendment was to make the performance of the contract excessively cumbersome for a party (b). If you are developing a contract change, you should be as concise and accurate as possible. The document can be informal, z.B. an acre letter, or it may resemble the original contract in the layout and font and the changes can come in the form of many different styles. The terms „addendums“ and „modifications“ are often used in contract law and the similarity of the two terms can confuse contractors.
In principle, „amendment“ refers to any modification or revision of an existing document. This is why we recommend caution in implementing these provisions, as they can have significant consequences (for example. B, triggering a MAC clause in a loan agreement may result in the borrower`s insolvency).