Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2-209 MODIFICATION, RESCISSION AND WAIVER.
(1) An agreement modifying a contract within this article needs no consideration to be
binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing
cannot be otherwise modified or rescinded, but except as between merchants such a requirement
on a form supplied by the merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this article (section 336.2-201) must
be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of
subsection (2) or (3) it can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the contract may
retract the waiver by reasonable notification received by the other party that strict performance
will be required of any term waived, unless the retraction would be unjust in view of a material
change of position in reliance on the waiver.
History: 1965 c 811 s 336.2-209
(1) An agreement modifying a contract within this article needs no consideration to be
binding.
(2) A signed agreement which excludes modification or rescission except by a signed writing
cannot be otherwise modified or rescinded, but except as between merchants such a requirement
on a form supplied by the merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this article (section 336.2-201) must
be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the requirements of
subsection (2) or (3) it can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the contract may
retract the waiver by reasonable notification received by the other party that strict performance
will be required of any term waived, unless the retraction would be unjust in view of a material
change of position in reliance on the waiver.
History: 1965 c 811 s 336.2-209
Official Publication of the State of Minnesota
Revisor of Statutes