What is the principle of non-derogation of contracts?

The principle of non-derogation of contracts is a legal concept in contract law. This concept states that a contract should remain valid and unchanged, even if certain laws change or if a party attempts to modify the contract in any way. The principle of non-derogation protects the parties involved in the contract from the effects of changes in the law or any other outside influence that could potentially alter the terms of the contract. In North Carolina, this principle is codified in Section 33-54 of the statutes. This statute states that any change or alteration of a contract by one of the parties to the contract must be in writing, and is only effective if it is agreed to by all the parties involved. This means that even if a law is changed or amended, the contractual obligations remain enforceable, unless all of the parties to the contract consent to the change. The principle of non-derogation is an important concept in contract law. It ensures that parties to a contract can rely on the terms of the contract even if the laws and legal environment changes. It also ensures that parties have recourse if another party attempts to modify or alter the contract without their consent. This is an important protection for those who enter into contracts, and is a critical aspect of contract law in North Carolina.

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