合同与履行第 886 / 1632 题

A contractor and owner sign a contract, then later sign a separate written agreement that clearly changes the completion date and adds $6,000 in scope. This later signed agreement is best described as:

a.A valid written modification, supported by the added scope and price
b.An unenforceable oral modification, since the change order was never signed
c.A novation, because the new terms replaced the original contract entirely
d.A violation of the parol evidence rule, which bars later added terms

解析

A later writing signed by both parties that moves the completion date and adds $6,000 of scope is a modification of the existing contract, supported by fresh consideration on both sides — new work for new money (Civil Code §1698(a)). (d) is the usual error on this item: the parol evidence rule (Code Civ. Proc. §1856) excludes PRIOR or contemporaneous agreements that would contradict an integrated writing; it says nothing about an agreement made afterwards. (c) reaches for novation, which under Civil Code §1530 requires the parties to intend to extinguish the old obligation and substitute a new one; adding scope leaves the original contract standing. (b) calls a signed writing oral.

法律依据: Civil Code §1698(a); Code Civ. Proc. §1856; cf. Civil Code §1530

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