Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

No-Oral-Modification Clauses

No-Oral-Modification Clauses

(p.813) Fifty-Seven No-Oral-Modification Clauses
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

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.

Keywords:   oral modification, n.o.m. clause, waiver, writing, sale of goods

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .