Modification

Question 1

what must request for modification (after K) be supported by? (2)

Answer 1

1. new consideration (CL), OR
2. good faith (UCC)

Question 2

modification: pre-existing duty rule–CL or UCC?

Answer 2

CL

Question 3

modification: pre-existing duty rule def’n

Answer 3

if one already owes a duty to perform, that performance cannot be used as consideration for another promise

Question 4

modification: pre-existing duty rule exceptions (3)

Answer 4

1. duty owed to 3p
2. unforeseen burdens
3. mutual modification

Question 5

modification: duty owed to 3p exception to pre-existing duty rule

Answer 5

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

Question 6

modification: unforeseen burdens exception to pre-existing duty rule

Answer 6

promise of increased compensation is given in exchange for a promised performance substantially more burdensome than reasonably anticipated at formation

Question 7

modification: mutual modification exception to pre-existing duty rule

Answer 7

parties agree to a different performance that is not a mere pretense

Question 8

UCC: what is needed to modify contract?

Answer 8

only good faith (usually there)

Question 9

UCC: if re: sale over $500, what does modification need

Answer 9

to be in writing

Question 10

novation modification rule

Answer 10

ALL parties expressly agree to release and substitute a party

Question 11

writing required for novation?

Answer 11

no

Question 12

UCC perfect tender rule

Answer 12

terms for sale of goods are enforced exactly

Question 13

what options does buyer have under perfect tender rule if goods or delivery fail to conform to K in any way? (3)

Answer 13

buyer may:
1. reject good within reasonable time of delivery,
2. accept goods, OR
3. accept some units

Question 14

under perfect tender rule, is buyer’s right to reject cut off by acceptance or failure to reject w/in reasonable time?

Answer 14

yes

Question 15

under perfect tender rule, does seller have the right to cure?

Answer 15

yes

Question 16

under perfect tender rule, what is seller’s right to cure?

Answer 16

seller may cure any defects and make conforming delivery after seasonable notice

Question 17

when does buyer have right to revoke acceptance w/in reasonable time? (3)

Answer 17

if acceptance relied on:
1. assurance that defect would be cured,
2. difficulty of discovering defect, or
3. seller’s assurance that goods conformed to K