contract-law breach-of-contract
Creating a contract that will prevent you from amending it
<p>So the question is, can you create a contract that will prevent you and other persons involved in from amending it?</p>
<p>Let's assume that two parties agree on</p>

<p>No. Whatever clauses and terms existed in this contract, a second contract between the parties could modify it to remove such a clause, or to directly make such an amendment, or to annul the contract entirely.</p>
<p>You can make it a requirement that amendments be unanimous among the parties (as opposed to e.g. unilateral, allowing one party to make certain changes, variously without approval or without notice).</p>
<p>Such a clause may also be unenforceable for another reason, but this doesn't fit any of the general points for unenforceability, except perhaps being against public policy if a jurisdiction happened to regulate contracts to that degree.</p>

<blockquote>
<p>can you create a contract that will prevent you and other persons involved in from amending it?</p>
</blockquote>
<p>It can be entered, but enforcement thereof is a <em>non-sequitur</em> if all the parties to that contract agree void, rescind, terminate, replace, or indeed amend it. An agreement --which may be in the form of settlement-- to that effect implies that all the parties waive their otherwise viable claim(s) of breach of contract regarding the no-amendment clause.</p>
<p>An unforeseen change of circumstances could result in impracticability and/or frustration of the purpose of a contract. That could result in discharging a party's remaining duties to render performance. See <a href="http://www.oneclubofjusticides.com/p/restatement-second-contracts.html" rel="nofollow noreferrer">Restatement (Second) of Contracts</a> at § 261, 265-266. In that case, most likely the parties would be better off by waiving enforcement of the no-amendment clause than by coping with the non-performance of clauses which are more important. After all, reasonable people would not enter a contract of which the most important element is its no-amendment clause.</p>
