Amendment

Rakesh Kumar

15 Sep, 2023

An “amendment” refers to the formal change or correction of a legal document, often involving additions, variations, or deletions to address irregularities or clarify points in an agreement. While it allows flexibility in contractual relationships, it maintains the core intentions of the original agreement. It differs from an “addendum,” which involves adding new elements that were not previously part of the contract.

What Is Amendment

The Amendment is a change in statute by way of addition, variation and repeal within the constitution of India. Anything that has been changed, altered, varied and deleted from its original nature or existence will be known as an Amendment. Within a contract, generally, Amendments are made in order to alter, change, or remove irregularities, add some corrections, clarify some points or delete any parts within the agreement that both parties have signed.

In a broader sense, we simply can denote Amendment as a change, variation or erasing of anything related to an agreement, any law and documents or any government-regulated filings.

Key Points

• The amendment is usually an addition, variation or removal of any parts with an agreement or specified documents.
•  The amendment is just like adding some corrections or removing irregularities from a contract without disturbing the crux of agreements.
• Sometimes, an agreement completely changes the original existing agreements and creates a new document accordingly.
• Just to edit in order to save the original intention while forming any contract agreements by adding some left-out parts within an agreement.

Understanding Amendment

In terms of contractual amendment, parties do not prefer to go with Amendment usually if any documents need any alteration or changes. People, in case any documents have lots of points left out and need to be changed, people prefer to go with a new contract without being supposed to change the previous one. The interested party’s consent is important while making changes in agreements.

We all know that to create any relationship with existing companies in the market or just to complete any transactions between them, we are required to get engaged with a contract. So far, to meet our business needs, there seem to be some requirements for modification or changes with the original agreements, and we need to do an Amendment with the permission of other parties to review and make them agree to sign the amended agreement. Contract Amendment provides flexibility and allows us to make alterations or changes according to our needs while preserving the sole of the contract. Further, a better experience can be experienced by both parties within the contract Amendment.

How Contract Amendment vary with an Addendum

Usually, sometimes both the said terminologies “amendment” and “addendum” are used as similar and correspondence in nature. Each term can easily change the conditions of agreement, but they are widely different from each other.

While an Amendment is responsible for changing or making some alteration in your agreement conditions, an addendum is adding left-out parts that were not the parts of your contract previously. To add something to the contract, we need an addendum, and to change or alter it, we require an Amendment according to needs and requirements.

Mind While Refer with a Contract Amendment Process

Usually, an Amendment is done with the intent to make alterations in order to protect the original text of a contract. We should keep in thought while referring to an amendment process in a contract-

• Go with your own terms and conditions in written form, as it is one of the safest and most valid forms of an agreement because no question can’t be raised against it. Usually, advocates help and ensure you always at the time of Amendment that any alteration or changes happening in a contract are legally valid or not.
• We suggest you not refer to the revised form of agreement. Always attach your Amendment with the original text of the contract because it will directly show other parties which part within the contract you are formally supposed to request or change.
• Always refer to professional experts so that they can help you to save and protect your interest while making any Amendment with respect to any contract you signed. Always proceed according to your favourable changes.