For modification or discharge of an obligation to be enforceable without new consideration, the modification must be in writing and signed by

• A. The party to be bound
• B. Both parties
• C. A witness to the contract
• D. The notary public

Answer: (A)

The modification of an existing contract without new consideration must be in writing and signed by the party who will be bound by the change. This requirement, rooted in the intent of the statute of frauds, ensures there is clear evidence that the obligor agrees to the modification. A signature by the party to be bound is what makes the modification enforceable against that party; signatures of a witness or a notary don’t create the binding obligation themselves.