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.
Montana Consents by Both Parties to the Alteration of an Instrument Made After Execution is a legal principle that applies when both parties involved in a contract or agreement agree to make changes or alterations to a document after it has been signed or executed. This concept ensures that any modifications made to the instrument have the consent and agreement of all parties involved. In Montana, consent by both parties is essential to avoid any potential disputes or conflicts arising from unauthorized alterations to an instrument. It serves as a safeguard to protect the rights and interests of both parties. This principle applies to various types of instruments, including but not limited to: 1. Contracts: Consent by both parties to the alteration of a contract made after execution ensures that any amendments or changes made to the terms and conditions of the original agreement are agreed upon by all parties involved. 2. Promissory notes: If there is a need to modify the terms of a promissory note, both parties must provide their consent to the alteration. This helps in maintaining the integrity and enforceability of the instrument. 3. Lease agreements: In the context of lease agreements, consent by both parties to the alteration of specific terms such as rent, duration, or conditions is crucial to ensure that any changes are acknowledged and agreed upon. 4. Loan agreements: If there is a requirement to modify the terms or repayment schedule of a loan agreement, obtaining consent from both parties is necessary to ensure that changes are made with mutual agreement and understanding. Montana Consents by Both Parties to the Alteration of an Instrument Made After Execution serves as a protection mechanism, ensuring that any alterations to an instrument maintain the integrity and validity of the original agreement. It helps in avoiding disputes, confusion, or potential breach of contract situations by requiring mutual agreement throughout the modification process.
