Change of certain clauses of a executed contract
Snehal Mehta
(Querist) 12 July 2017
This query is : Resolved
Dear Experts
I have joined a company as a Legal Manager.
I seek your guidance for a problem that I am facing in contracts executed by the company.
After reviewing some 10 operation contracts with various vendors I have found that certain clauses are not in the best interest of the company and have suggested my superiors in my company to consider changing these points.
However as the contracts have been executed almost 9 months back and the operation team is unwilling to approach the vendors to make amendments.
Also the said contracts have no specific provision to revise clauses except financial that too after a period of on an average 3 years.
As I am not an expert in contract law I request your guidance that if as a representative of the company I want to change certain clauses of an executed contract that is as old as 9 months ,then as per the Indian contract act or any similar law what options do I have such that I can enforce the changes on the other party while keeping the contract valid.
Please guide me as I have stirred up a controversy in my company but not sure of the remedies that can be taken.
Regards
Snehal Mehta
Kishor Mehta
(Expert) 13 July 2017
An executed and registered contract can not be changed, amended or altered.
Kishor Mehta
Snehal Mehta
(Querist) 13 July 2017
I am aware of what you have stated Mr. Mehta, but what you are resolutely saying that there is no relief possible whatsoever.
Rajendra K Goyal
(Expert) 13 July 2017
Complete documents need to be referred. Get help of some senior.
Diplomatically you can proceed and save the interest of your organisation.
Kishor Mehta
(Expert) 13 July 2017
You have stated that (1) The operation team is unwilling to approach the vendors for amendments & (2) the contracts have no specific clauses for revision. This appears to be an impasse from the available facts.
Kishor Mehta
Snehal Mehta
(Querist) 13 July 2017
Mr Perfect Solutions
If only u had only been kind enough to stay on track to reply on my query rather than judging my skills and abilities it would have shown professionalism like the other experts ,but in your case that professionalism is intrinsically absent.
It is not incorrect to say that if we see your imperfect reply to my query you who claim to be perfect has not spoken anything specific to my query unlike other real experts in this forum. However it does seem u have a keen liking for theatrics rather than law.
Since you seem to be in the business of dispensing imperfect advice I am pained to stoop to your despicable level and most politely ask you to spit your unwarranted imperfect advice somewhere else if you can resist the temptation of proving yourself to be a buffoon time and again.
Hope you actually provide some one at least once with a perfect solution.
In disgust
Snehal Mehta
P. Venu
(Expert) 13 July 2017
In the light of the facts stated, there cannot be any abstract suggestions. The issue needs to be handled on the basis of the merits as well the intricacies.
M V Gupta
(Expert) 23 July 2017
Dear Mr. Snehal Mehta, I must appreciate the efforts made by you as a legal Manager in reviewing the contracts executed by your company and bringing to the notice of your bosses the deficiencies in them. It is a normal practice in Corporates to ask their legal staff to review the contracts made and bring to the notice of concerned seniors deficiencies if any so that corrective steps can be taken in proper time..Very often it happens that parties to a concluded contract find that certain clauses in the contract are either impossible of compliance or are against the interest of one of the parties, which was not intended, or are inequitable to their interest, Parties do renegotiate on the specific clauses and execute a deed of modification by mutual consent. If the other party is not agreeable for the changes, you cannot do anything but to face the situation as and when it arises. The issue is more of practice rather not legal; and the Contract Act does not prohibit parties renegotiating the contract and execute a revised contract or a deed of modification. Hope this clarifies the issue raised by you.
