An alteration of a written instrument is a change in language of the instrument that is made by one of the parties to the instrument who is entitled to make the change. Any material alteration of a written instrument, after its execution, made by the owner or holder of the instrument, without the consent of the party to be charged, renders the instrument void as to the nonconsenting party. The party to be charged refers to that party or parties against whom enforcement of a contract or instrument is sought.
If a party consents to the alteration, the instrument will not be rendered invalid as to that party.
Mississippi Consents by Both Parties to the Alteration of an Instrument Made After Execution refers to the legal requirement for both parties involved in a contract or agreement to agree and give consent to any alterations made to the instrument after its original execution. This consent is necessary to ensure that any changes or modifications made to the document are done with the full knowledge and agreement of all parties involved. In Mississippi, the law recognizes the importance of obtaining mutual consent when altering a signed instrument to preserve the integrity of the original agreement and protect the rights of all parties. Failure to obtain the required consent may render the alteration invalid or even result in legal repercussions. Therefore, it is crucial to understand the various types of consent recognized in Mississippi: 1. Express Consent: This type of consent is obtained explicitly through clear written or verbal agreement between all parties involved. It requires a deliberate and conscious affirmation to the proposed alteration after execution. 2. Implied Consent: Implied consent is inferred based on the actions or conduct of the parties involved rather than explicit verbal or written agreement. It suggests that a reasonable person would have understood and agreed to the alteration based on the circumstances. 3. Constructive Consent: Constructive consent refers to the consent given by a party when they have the opportunity to review and raise objections to the alteration but fail to do so. The law assumes that they have given their consent by remaining silent and not objecting within a given time frame. 4. Consent by Ratification: Ratification occurs when a party accepts or approves the alteration made to the instrument, either explicitly or implicitly, after learning about the changes. This consent is given after the alteration has already taken place but validates it retroactively. 5. Conditional Consent: Conditional consent occurs when a party gives their consent under specific conditions or circumstances. It implies that the alteration is only valid if the agreed-upon conditions are met. It is important to note that Mississippi law requires the consent of both parties to any alteration after execution, regardless of the type of consent obtained. This ensures equal protection of the rights and interests of all parties involved in the contract or agreement. Obtaining and documenting consent is crucial for transparency, avoiding disputes, and maintaining the enforceability of any alterations made to the original instrument.
