(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excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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 7-2-201) 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.
(Acts 1965, No. 549, p. 811; Act 2023-492, §1.)
Notes of Decisions
Thorn's Diesel Serv., Inc. v. Houston Ship Repair, Inc., 233 F. Supp. 2d 1332 (M.D. Ala. 2002).
· cites it 15× “Alabama’s UCC Provisions for Modification and Waiver Alabama Code § 7-2-209 governs modification and waiver under the UCC: (1) An agreement modifying a contract within this article needs no consideration to be binding.”
La Trace v. Webster, 17 So. 3d 1210 (Ala. Civ. App. 2008).
· cites it 6× “) In deciding whether to buy the lamps, La Trace could not have relied on any statements made after the sale; therefore, such statements lend no support for his fraudulent-misrepresentation claim.”
Perdue ex rel. Perdue v. Green, 127 So. 3d 343 (Ala. 2012).
“”), and in §§ 7-2-209 and 7-2A-208, Ala.Code 1975 (distinguishing between waiver, rescission, and modification).”
Stewart v. Bradley, 15 So. 3d 533 (Ala. Civ. App. 2008).
“Acts 2004, Act 2004-524); and § 7-2-209, Ala.Code 1975 (addressing modification, rescission, and waiver).”
Mississippi Lime Co. v. RJR Mining Co., Inc. (N.D. Ala. 2026).
· cites it 2× “50-1 at 5); Ala. Code § 7-2-209 (2). Thus, RJR’s contention that Mississippi Lime breached its contract in June and July of 2022 fails because the contract could not be extended by course of conduct.”
— Ala. Code § 7-2-209(1) — 1 case
La Trace v. Webster, 17 So. 3d 1210 (Ala. Civ. App. 2008).
“) In deciding whether to buy the lamps, La Trace could not have relied on any statements made after the sale; therefore, such statements lend no support for his fraudulent-misrepresentation claim.”
— Ala. Code § 7-2-209(3) — 1 case
Thorn's Diesel Serv., Inc. v. Houston Ship Repair, Inc., 233 F. Supp. 2d 1332 (M.D. Ala. 2002).
“Alabama’s UCC Provisions for Modification and Waiver Alabama Code § 7-2-209 governs modification and waiver under the UCC: (1) An agreement modifying a contract within this article needs no consideration to be binding.”
— Ala. Code § 7-2-209(4) — 1 case
Thorn's Diesel Serv., Inc. v. Houston Ship Repair, Inc., 233 F. Supp. 2d 1332 (M.D. Ala. 2002).
“Alabama’s UCC Provisions for Modification and Waiver Alabama Code § 7-2-209 governs modification and waiver under the UCC: (1) An agreement modifying a contract within this article needs no consideration to be binding.”
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