Amendment: Difference between revisions

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It requires both parties to agree to the [[amendment]]. That’s more or less it. This will not stop those — in particular [[ISDA]] [[Mediocre lawyer|lawyers]] — being positively neurotic when composing [[amendment agreement]]s.
It requires both parties to agree to the [[amendment]]. That’s more or less it. This will not stop those — in particular [[ISDA]] [[Mediocre lawyer|lawyers]] — being positively neurotic when composing [[amendment agreement]]s.
===[[Amend]] versus [[supplement]] versus [[modify]]===
{{amend and supplement}}
Is something missing from the notion “[[amend]]” that means it must be, well [[supplement]]ed or even [[modified]], to capture all lexical contortions to which a negotiating party might subject it [[from time to time]]? You will often see, “this agreement, as amended, supplemented or modified from time to time...”.
 
In this old fool’s opinion, no. To “[[amend]]” is to “[[change]]”. So is to “[[modify]]”. These words are exact synonyms.  A language lover might argue that, of those three synonyms, “change” is the simplest and, therefore, best.
 
To “[[supplement]]” is not, ''quite'' a synonym: one might append something to the foot of an agreement that has absolutely no effect on its internal workings, the same way one might “[[supplement]]” a Morris Minor with a caravan and head off to Wales. (So loaded, your Morris Minor might struggle up the Chilterns, but it is still the same vehicle). But an agreement so supplemented isn’t changed, so there is no harm in neglecting to mention that supplement. If your supplement ''does'' operate to change the existing agreement then — well, it is an [[amendment]], isn’t it? In that sense “[[supplement]]” ''is'' a synonym for “[[amend]]”.
 
===[[No oral modification]] clauses thrown a new lease of life===
===[[No oral modification]] clauses thrown a new lease of life===
What of the [[Mobius loop]] thrown by the kind of clause that provides this agreement may not be amended except in writing<ref>And, if the great firm of is to gain traction, we will have to update our templates to say this agreement may not be amended except in writing, or pictorially</ref>, or this agreement may not be amended at all?
What of the [[Mobius loop]] thrown by the kind of clause that provides this agreement may not be amended except in writing<ref>And, if the great firm of is to gain traction, we will have to update our templates to say this agreement may not be amended except in writing, or pictorially</ref>, or this agreement may not be amended at all?

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