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.
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