Posts Tagged ‘rescission’
§2-209: Modification, Rescission or Waiver
December 5, 2010
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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5) A waiver on an executory part of the K can be withdrawn unless the other party has relied on it.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
modification, rescission, waiver