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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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No-Oral-Modification Clauses

No-Oral-Modification Clauses

Chapter:
(p.813) Fifty-Seven No-Oral-Modification Clauses
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0057

Chapter 57 concerns no-oral-modification (n.o.m.) clauses. Often a written contract includes a provision that the contract cannot be modified except by a writing. The general rule at common law was that an oral modification of a written contract that includes an n.o.m. clause was enforceable not withstanding the clause. UCC Section 2-209(2) now provides that if a contract for the sale of goods includes an n.o.m. clause modifications must be in writing. The force of Section 2-209(2) is moderated by Section 2-209(4), which provides that although an attempt at modification does not satisfy Section 2-209(2) it can operate as a waiver.

Keywords:   oral modification, n.o.m. clause, waiver, writing, sale of goods

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