/muh-TEER-ee-uh-lee and sub-STAN-shuh-lee chaynj-d/·phrase
Also known as:materially and substantially change · material and substantial change · material change in circumstances · substantial change
Written by attorneys — see sources below.
A significant alteration in the condition of goods, circumstances of parties, or operation of a legal arrangement that affects the availability or enforcement of rights and remedies. The change must be of sufficient magnitude to trigger or bar application of a rule, such as revocation of acceptance or modification of an agreement.
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How its tested
Common Examples
6
Buyer Attempts Revocation After Sales
Mina Mehta purchased commercial ovens from Millennium Media. After acceptance she discovered uneven heating. She continued using the ovens for four months while awaiting a promised software fix that never arrived. When she finally notified the seller of revocation, several ovens had already been modified by her staff for daily restaurant use. The court held that the modifications constituted a substantial change in condition not caused by the defect itself, barring revocation.
Spouse Seeks Agreement Modification
Megan Moore and Marcus Mitchell signed a premarital agreement waiving spousal support. Five years after marriage Marcus lost his job and developed a chronic illness requiring expensive care. Enforcement of the waiver would leave Marcus eligible for public assistance. The court found a material change in circumstances arising after signing and refused to enforce the support-waiver term.
Monica Morgan bought a space heater from a retailer. The retailer’s employees added custom brackets and rerouted wiring before delivery to her apartment. When the heater tipped over and caused a fire, the court examined whether the retailer’s alterations amounted to a substantial change in the product’s condition. Because the modifications altered the safety features in a manner not contemplated by the manufacturer, the product no longer reached the consumer without substantial change.
Trustee Removal Request Granted
Majestic Construction created a trust naming Marco Marquez as sole trustee. After several years the beneficiaries discovered that market conditions and trust assets had shifted dramatically, making the original investment strategy obsolete. All qualified beneficiaries petitioned for removal. The court found a substantial change of circumstances and that removal best served the beneficiaries’ interests without violating a material purpose of the trust.
Custody Modification Based on Residence
Mariam Mansour held primary custody of the children under a prior order. After she relinquished care to the father for six months and allowed an unrelated adult to reside in the home, the father petitioned to modify custody. The court determined that the prolonged change in residence and living arrangements constituted a material and substantial change justifying modification of the custody decree.
Injunction Modification After Changed Facts
A manufacturing plant was enjoined from discharging certain waste into a river. Years later the plant installed new filtration technology that eliminated the original harm. The plant petitioned to vacate the injunction. The court found a substantial change in controlling circumstances and modified the decree to reflect current operations.
4 common questions
Students Frequently Ask...
When does a change in goods prevent revocation of acceptance under the UCC?
Revocation must occur before any substantial change in the condition of the goods that is not caused by their own defects. Notification to the seller is also required for revocation to become effective.
Supporting sources
How does a material change in circumstances affect enforcement of a premarital agreement?
A court may refuse to enforce a term if enforcement would result in substantial hardship for a party because of a material change in circumstances arising after the agreement was signed, provided the agreement is considered as a whole.
Supporting sources
What role does absence of substantial change play in strict products liability?
The product must be expected to and must reach the user or consumer without substantial change in the condition in which it is sold. Post-sale alterations that are substantial can break the chain of liability for the original seller.
Supporting sources
When may a court remove a trustee based on changed circumstances?
Removal is permitted when there has been a substantial change of circumstances, removal best serves the interests of all beneficiaries, removal is not inconsistent with a material purpose of the trust, and a suitable successor is available.
Supporting sources
336 S.W.3d 433
…after entry of the decree, Shane filed a motion in the trial court to reduce his child support obligation because of an alleged material change in circumstances. With his motion, Shane filed a supporting affidavit in which he claimed health problems, inability to find correctional work or similarly lucrative positions, and filing for bankruptcy. He…
TortsStrict liability and products liability · Claims against manufacturers and other defendants arising out of the manufacture and distribution of products, and defenses to such claimsUBEFoundational