Can a contract be unilaterally changed?
December 30, 2022 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am reaching out to you as I am in a situation that is causing me great concern and for which I urgently need legal advice. It concerns a contract that I entered into with a company some time ago. This contract specifies certain services and payments that are binding for both parties.
Now, the company has unexpectedly announced that they want to unilaterally amend the contract. They intend to adjust both the services and payments in their favor. I feel overwhelmed in this situation and do not know how to proceed.
My concern is that I may be disadvantaged by the unilateral amendment of the contract and that my rights may not be upheld. I wonder if it is legally possible to unilaterally amend a contract and what options I have to defend myself against it.
Could you please explain in detail whether a contract can indeed be unilaterally amended and what legal steps I can take to resist the amendment? I would greatly appreciate your support and advice on this matter.
Thank you in advance for your help.
Best regards,
Daniel Walter
Dear Mr. Walter,
Thank you for your inquiry regarding the unilateral amendment of a contract by the company. I understand that you are in a difficult situation and are concerned about your rights. I would be happy to assist you in this matter and provide you with some important information on contract law.
In general, a contract that has been signed by both parties is binding. This means that the agreed services and payments are binding for both parties and cannot be unilaterally changed. Unilateral amendment of a contract without the consent of the other party is not legally permissible.
Therefore, if the company tries to unilaterally amend the contract without your agreement, it constitutes a breach of contract. In such a case, you have various options to resist the amendment. First, you should notify the company in writing that you do not accept the amendment to the contract and insist on the original contract being upheld. It is advisable to do this by registered mail with return receipt to have evidence of communication.
If the company still tries to enforce the unilateral amendment, you can hire a lawyer to represent your interests. A lawyer can assess whether the amendment to the contract is legally permissible and, if necessary, take legal action to protect your rights. This could include filing a lawsuit to determine the invalidity of the amendment or claim damages.
It is important that you act quickly and seek legal advice in a timely manner to strengthen your position. I strongly recommend consulting a lawyer to discuss your legal options in this matter and potentially take legal action.
I hope this information is helpful to you and I am available for any further questions. Feel free to contact me if you need assistance.
Best regards,
Gertrud Knorr
Lawyer
