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.
On completion of the lesson, the student will be able to:
- Distinguish between modification and other forms of discharge of contractual obligations.
- Explain how the common law pre-existing duty rule applies to modifications.
- Determine whether the modification of a contract is enforceable under the modern common law rule.
- Determine whether the modification of a contract is enforceable under the UCC rule.
- Analyze whether a no-oral-modification clause in a contract is enforceable.
- Distinguish between modification and waiver.
- Analyze whether a non-waiver provision in a contract is enforceable.