Which of the following is not an accurate statement with regard to course of performance and its effect on modification?

Question 5 options:

A)

Course of performance may constitute a waiver of Statute of Frauds defense.

B)

Course of performance may be a proper basis to support an oral modification of a contract within the UCC Article 2 Statute of Frauds.

C)

Course of performance may provide the consideration a court can consider under both the common law and UCC Article 2.

D)

Course of performance may be the basis for enforcement of a modification even if not included in a signed writing.