Modification

Question 1

a change in one or more respects which
introduces new elements into the details of the contract and/or
cancels others
But leaves the general purpose and effect undisturbed.

Answer 1

modification of a contract

Question 2

The general rules of contract construction apply to the __________ of a modification agreement.

Answer 2

interpretation

Question 3

The effect of the modification is a __________

Answer 3

new contract.

Question 4

The new contract consists not only of the new terms but of as many of the _________ _____ as the parties have not abrogated by their modification agreement.

Answer 4

original terms

Question 5

A modification may leave some contract terms ____.

Answer 5

open

Question 6

The original agreement merges into the new (modified) agreement and is ____________.

Answer 6

extinguished

Question 7

Failure to perform the modified agreement will not revive the __________ _________.

Answer 7

original agreement

Question 8

Under Article 2 of the Uniform Commercial Code an agreement modifying a contract needs no __________ to be binding.

Answer 8

Modification Post-Sale

consideration

Question 9

when the buyer’s obligation to purchase was expressly made contingent on his ability to find a suitable lease in a named city, but both parties gave up looking in that city and began to search elsewhere, the contract had been modified so as to eliminate the requirement as to the location of the suitable lease

acceptance of nonconforming goods, especially when they are retained, used, and resold, or when the buyer orally agrees to pay for them at the contract rate, may be conduct evidencing a modification of the contract

acceptance of goods at a modified price is conduct that demonstrates a modification of the contract, despite prohibitions on non-written modifications in the contract, and the statute of frauds

Answer 9

The conduct of the parties to a sales contract may constitute a modification of their agreement:

Question 10

_____ conduct may also show that parties did not intend a modification.

Answer 10

Later

Question 11

A contract is voidable for _________ ______ if the party’s manifestation of assent is induced by an improper threat by another party that leaves the victim no reasonable alternative.

Answer 11

economic duress