IMMUTABILITY • Are immutable contracts valid? Probably not. • A long held tenet of the law is that “[t]hose who make a contract, may unmake it.” Beatty v. Guggenheim Exploration Co., 122 N.E. 378, 387-88 (N.Y. 1919) (opinion of Cardozo, J.). • Contractual provision that purports to limit the enforceability of a subsequent modification generally deemed unenforceable. • Restatement (Second) of Contracts § 311 cmt. a (1979) (“The parties to a contract cannot by agreement preclude themselves from varying their duties to each other by subsequent agreement.”). UNRESTRICTED 149