What is the principle of non-derogation of contracts?

The principle of non-derogation of contracts is a legal principle in contract law, that states that contracts are not subject to change. This means that when a contract is entered into, both parties are held to the terms and conditions outlined in the document. This principle applies to all contracts, including those in the state of California. In California, the principle of non-derogation is reaffirmed by the Restatement Second of Contracts. This rule states that “a valid and enforceable agreement between the parties does not diminish or restrict the rights of either party to modify the terms of the agreement without the consent of the other.” In other words, the principle states that the terms of the contract cannot be changed without the mutual consent of both parties. The principle of non-derogation of contracts serves to protect the rights of all parties involved in the contract. It ensures that each party to the contract will be held to the same terms and conditions that were agreed upon. This helps to ensure that none of the parties to the contract will attempt to alter the agreement in a way that might be beneficial to them and detrimental to the other party. This is especially important in California, where contracts are heavily regulated and enforced. Keeping the contract terms consistent and unaltered is an essential part of keeping the contract valid and enforceable.

Related FAQs

What is the parol evidence rule and why is it important?
What is the effect of a modification of a contract?
What is a term in a contract?
What is the common law of contracts?
What is a promissory note?
What is an indemnity clause?
What is a third-party beneficiary?
What is the mirror-image rule?
What is a discharge for breach of contract?
What is an indemnification clause?

What is the principle of non-derogation of contracts?

Related FAQs

Related Blog Posts