A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
(Dec. 30, 1963, 77 Stat. 632, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 2, 60 DCR 2634.)
2001 Ed., § 28:1-107.
1981 Ed., § 28:1-107.
1973 Ed., § 28:1-107.
Source: Former Section 1-107.
Changes from former law:agreementof the aggrieved party. Second, the revised section reflects developments in electronic commerce by providing for memorialization in an authenticated record. In this context, a party may “authenticate” a record by (i) signing a record that is a writing or (ii) attaching to or logically associating with a record that is not a writing an electronic sound, symbol or process with the present intent to adopt or accept the record. See Sections 1-201(b)(37) and 9-102(a)(7). This section changes former law in two respects. First, former Section 1-107, requiring the “delivery” of a “written waiver or renunciation” merges the separate concepts of the aggrieved party’s agreement to forego rights and the manifestation of that agreement. This section separates those concepts, and explicitly requires
1. This section makes consideration unnecessary to the effective renunciation or waiver of rights or claims arising out of an alleged breach of a commercial contract where the agreement effecting such renunciation is memorialized in a record authenticated by the aggrieved party. Its provisions, however, must be read in conjunction with the section imposing an obligation of good faith. ( Section 1-304).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 1 - General Provisions
Part III - Territorial Applicability and General Rules
§ 28:1–301. Territorial applicability; parties’ power to choose applicable law
§ 28:1–302. Variation by agreement
§ 28:1–303. Course of performance, course of dealing, and usage of trade
§ 28:1–304. Obligation of good faith
§ 28:1–305. Remedies to be liberally administered
§ 28:1–306. Waiver or renunciation of claim or right after breach
§ 28:1–307. Prima facie evidence by third-party documents
§ 28:1–308. Performance or acceptance under reservation of rights