A service contract is covered by customary law; Therefore, both parties to a service contract typically need new consideration to amend the contract. Take this example: a university`s activity committee partners with a famous comedian to put on a show when he gets home for $5,000. The comedian will then call the activity committee to ask for $7,000 instead of $5,000. The members of the activity committee cannot modify the contract in this way, so they negotiate with the comedian. They tell him they will be able to change the contract if he agrees to sign autographs an hour after the show. Both parties agree with the new contractual conditions. This is a valid change since the two parties exchanged new thoughts: US$2,000 from the activity committee and the signing of autographs by the comedian. In some cases, the CSCE`s approach to sales contracts differs from the treatment of contracts that are not favourable to the sale of goods. For example, the conditions for amending a contract after the INVESTIGATION PERIOD are different (see below) and the limitation period for contracts for the sale of goods is shorter than for other contracts (see discussion above on the elements of a contract). (5) A party that has proceeded with a part of the contract that has not been revoked may revoke the waiver by an appropriate communication from the other party that it is necessary to strictly comply with an unnecessary time limit, unless the revocation is unfair because of a substantial change in the position in confidence in the waiver. The UZK applies to contracts for the sale of goods to or by a trader.
Under the PEA, no additional consideration is required to amend a written contract as long as the amendment is made in good faith. 3. The requirements of the section`s fraud body (§ 2-201) must be met if the amended contract complies with its provisions. If the contract is not intended for the sale of goods to or by a trader, additional consideration is required to amend the terms of the contract. For example, Marge entered into a contract to sell her car to Paul. Both want to change some of the contractual conditions. Since the PEA does not apply to the sale of a car between private parties, some new consideration must be exchanged before the contract can be amended. Under customary law, a contracting party needs further reflection – something of legal value – to amend a contract. The party receives new consideration by negotiating with the other party to change the consideration on both sides of the contract.
Two exceptions to the general rule apply. If the parties encounter unforeseen difficulties or if one of the parties changes its position by relying on the modified promise, the parties do not need further reflection to legally modify the contract. a contract for the sale of goods is covered by the CSA; Therefore, the parties do not need new consideration to amend a contract. However, the party that attempts to amend the treaty must do so in good faith. Imagine a bride entering into a written contract with a bakery. The bride orders a cake for $1,000, which will be delivered to her wedding on the wedding day. The baker calls the bride an hour before the wedding and tells her that he cannot deliver the cake for less than $2,000. The bride, visibly in distress, agrees to pay the $2,000.
The baker delivers the cake and sends the bride a bill for $2,000. The bride paid $1,000, the price of the original contract, to the baker. The baker complains about $1,000. The court will not impose the contract under the modified conditions, because the baker tried to modify the contract in bad faith. . . .