Archive

Posts Tagged ‘rescission’

§2-209: Modification, Rescission or Waiver

December 5, 2010 Leave a comment

1) Modifying an agreement doesn’t need consideration.

2) If the K specifies no modification except by signed writing, that’s the only way you can do it. But, except between merchants, such a term needs to be separately signed.

3) Need to satisfy Statute of Frauds

4) A modification or rescission can operate as a waiver even if it doesn’t satisfy (2) or (3)

5) A waiver on an executory part of the K can be withdrawn unless the other party has relied on it.

Categories: UCC Tags: , ,