Nicole agrees to purchase 400 cell phones from Mike,for $1,000.Mike agrees to deliver the cell phones by May 1.On April 15,Nicole realizes that she will be unable to resell the cell phones without protective covers.Nicole calls Mike and asks him to include 400 cell phone covers in her order.Surprisingly,Mike agrees to ship 400 cell phones and covers for a total amount of $1,000.Nicole pays Mike the $1,000.Which of the following is true?

Question

Quizplus · Accepted Answer

Under common law, a modification of a contract requires consideration from both parties. In this case, Nicole asked for a modification without offering any additional consideration. However, under the UCC Section 2-209, a modification does not require consideration as long as it is made in good faith. Therefore, the modified contract is valid under the UCC but not under common law.

Nicole Agrees to Purchase 400 Cell Phones from Mike,for $1,000