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Under all common law contracts modifications must be accepted by the parties as though it was a new contract. All contracts must contain four essential elements:  (1) identifiable parties capable of contracting;  (2) their consent;  (3) a lawful object;  and (4) consideration. Keesun Partners v. Ferdig Oil Co., Inc., 249 Mont. 331, 337, 816 P.2d 417, 421 (1991) (citing § 28-2-102, MCA). As stated in Keesun: There must be mutual assent or a meeting of the minds on all essential terms to form a binding contract.   Consent is established when there has been an offer and an acceptance of that offer. More specifically, the Court has stated that in order to effectuate a contract there must be not only a valid offer by one party, but also an unconditional acceptance, according to its terms, by the other. Keesun, 249 Mont. at 337, 816 P.2d at 421 (internal citations omitted). Similarly, in Douglas v. U.S. Dist. Court for Cent. Dist. Cal., 495 F.3d 1062, 1066 (9th Cir.2007), cert. denied by Talk Am., Inc. v. Douglas, ---U.S. ----, 128 S.Ct. 1472, 170 L.Ed.2d 296 (2008), the Ninth Circuit Court of Appeals concluded that a party ...

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