context: Therefore, the Agreement remains as originally signed, unmodified. "As a matter of elementary contract law, [a party] cannot unilaterally modify the existing agreement."
citation_a.signal: see also
citation_a.identifier: 805 So.2d 829, 833
citation_a.parenthetical: refusing to remake parties' contract when employee rejected employer's offer to pay all costs of arbitration, contrary to agreement's language
citation_a.sentence: Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000).
citation_b.signal: cf.
citation_b.identifier: 132 F.Supp.2d 989, 1001
citation_b.parenthetical: "If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived"
citation_b.sentence: Popovich v. McDonald’s Corp., 189 F.Supp.2d 772, 779 (N.D.Ill.2002); see also Perez, 253 F.3d at 1284 n. 2 (refusing to consider employer’s unilateral offer to use less expensive private arbitration since such offer was rejected by employee, leaving agreement as originally signed); Flyer Printing Company, Inc. v. Hill, 805 So.2d 829, 833 (Fla.App. 2 Dist.2001) (refusing to remake parties’ contract when employee rejected employer’s offer to pay all costs of arbitration, contrary to agreement’s language); cf. Restatement (Second) of Contracts § 287(2) (“If a party, knowing of an alteration that discharges his duty, .. manifests a willingness to remain subject to the original contract or to forgive the alteration, the original contract is revived”). “Principles of justice and fair play ... lead to the conclusion that one party cannot alter post litem mo-tam terms of an agreement so that a case is dismissed.” In re Managed Care Litigation, 132 F.Supp.2d 989, 1001 (S.D.Fla.2000).