Contract Terms

Question 1

Is disclaimer of warranty considered to “materially alter” contract terms?

Answer 1

Yes

Question 2

Under UCC, when does an additional term become part of the contract? when does it not?

Answer 2

between merchants, add terms becomes part if no objection UNLESS it “materially alters” the contract

Question 3

what the exceptions to preexisting duty rule?

Answer 3

® Duty owed to 3P: Modernly, a duty is preexisting only if it is owed directly to a promisee. Promise to perform a duty is valid consideration as long as the duty is not already owed to the promisee
® Unforeseen burdens: Promise of increased compensation is given in exchange for a promised performance substantially more burdensome than reasonably anticipated at formation
Mutual modification: Parties agree to a different performance that is not a mere pretense

Question 4

when does excuse/waiver of conditions NOT apply? i.e., there is still duty to perform

Answer 4

-election - pt chooses to continue despite condition not occurring
- Wrongful interference
esoppel