§ 6A-2-209. Modification, rescission, and waiver.
(1) An agreement modifying a contract within this chapter needs no consideration to be binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this chapter (§ 6A-2-201) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the 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 of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 2 - Form, Formation and Readjustment of Contracts
Section 6A-2-201. - Formal requirements — Statute of frauds.
Section 6A-2-202. - Final written expression — Parol or extrinsic evidence.
Section 6A-2-203. - Seals inoperative.
Section 6A-2-204. - Formation in general.
Section 6A-2-205. - Firm offers.
Section 6A-2-206. - Offer and acceptance in formation of contract.
Section 6A-2-207. - Additional terms in acceptance or confirmation.
Section 6A-2-209. - Modification, rescission, and waiver.
Section 6A-2-210. - Delegation of performance — Assignment of rights.