Sec. 2A208.
(1) An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
History: Add. 1992, Act 101, Eff. Sept. 30, 1992
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 2A - Leases (440.2801...440.2982)
174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)
Section 440.2852 - Final Written Expression; Parol or Extrinsic Evidence.
Section 440.2853 - Effect of Seal Affixed to Writing.
Section 440.2854 - Lease Contract; Sufficiency to Show Agreement; Conduct; Open Terms.
Section 440.2855 - Firm Offer; Assurances to Hold Offer Open.
Section 440.2856 - Offer to Make Lease Contract; Manner of Acceptance; Lapse.
Section 440.2857 - Repealed. 2012, Act 86, Eff. July 1, 2013.
Section 440.2858 - Lease Agreement; Modification or Rescission; Waiver; Retraction.
Section 440.2860 - Express Warranties; Creation.
Section 440.2862 - Implied Warranty of Merchantability; Other Implied Warranties.
Section 440.2863 - Implied Warranty of Fitness for a Particular Purpose.
Section 440.2865 - Inconsistent Warranties; Intent; Rules of Construction.
Section 440.2867 - Lease Contract; Identification of Goods; Absence of Explicit Agreement.
Section 440.2868 - Lease Contract; Insurable Interest in Goods.
Section 440.2869 - Risk of Loss; Passage to Lessee.
Section 440.2870 - Risk of Loss; Repudiation; Default.
Section 440.2871 - Casualty to Identified Goods Before Delivery or Risk of Loss Passes.