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Modification

This lesson explores discharge of a contract by modification, both at common law and under the UCC. It can be run either as an introduction to the study of modification or as a review after you have completed your study.

Learning Outcomes

On completion of the lesson, the student will be able to:

  1. Distinguish between modification and other forms of discharge of contractual obligations.
  2. Explain how the common law pre-existing duty rule applies to modifications.
  3. Determine whether the modification of a contract is enforceable under the modern common law rule.
  4. Determine whether the modification of a contract is enforceable under the UCC rule.
  5. Analyze whether a no-oral-modification clause in a contract is enforceable.
  6. Distinguish between modification and waiver.
  7. Analyze whether a non-waiver provision in a contract is enforceable.
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