Jeff makes a contract with Acme Farms to buy 1000 apples for $200, which is the average price for apples at that time. The contract specifies that Jeff must have the apples by April 2 so that he can make his specialty apple pies to sell to Yummy Bakery. On March 15, Acme Farms informs Jeff that they will not be able to meet his order. On April 4, Jeff files suit against Acme Farms for breach of contract and wins the case. Jeff asks for consequential damages that will reimburse him for the amount of profit that he would have been paid by Yummy Bakery if he had been able to make his apple pies. Acme presents evidence proving that Jeff had not even tried to find substitute apples, even though he had sufficient time before his deadline and there were other farms nearby that could have supplied him with apples for the same $200 price.

How should the judge rule?

How Can a Contract Be Modified?

Parties to a contract may wish to modify or change the terms of their contract at some point. The requirements for modifying a contract differ depending on whether the contract involves the sale of goods to or by a merchant.

Under the UCC, additional consideration is not necessary to modify a written contract, as long as the modification is entered into in good faith.

If the contract is not for the sale of goods to or by a merchant, then additional consideration is necessary to modify the terms of the contract. For example, Marge has contracted to sell her car to Paul. They both want to change some of the terms of the contract. Because the UCC does not apply to the sale of a car between private parties, some new consideration must be exchanged before the contract can be modified.

Contract modification dicsuccsion

 

Marcy is the owner of the Merry Elves Shop. She enters into a written contract to buy 200 Christmas tree ornaments from Bob for delivery October 1. They later modify the agreement in writing, so that Marcy will buy a total of 300 ornaments that will all be delivered October 15. On October 3, Marcy sues Bob, stating that he should have delivered the 200 ornaments to her on October 1 because the contract modification was not valid. She says that there was a lack of additional consideration for the modification.

How should the judge rule?

 

-is this a contract that comes under the UCC? Why/Why not?

-if so, how should the Court rule and upon what grounds?