Next Generation Bar Exam Quiz
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CONTRACTS
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UCC § 2-209 provides:
(1) An agreement modifying a contract within this Article needs no consideration to be binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this Article must be satisfied if the contract as modified is within its provisions.
Buyer, an individual who is not a merchant, signed a preprinted form contract supplied by Seller, a merchant, to buy a used boat for $800. The form contained a clause stating: "This agreement may not be modified except by a signed writing." Buyer did not separately sign that clause. Later, Buyer and Seller orally agreed to reduce the price to $400 and to extend the delivery date by two weeks. Seller later refused to honor the modification and demanded the original $800 price.
Under UCC § 2-209, is Buyer likely to enforce the oral modification?
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