Mississippi Code

Miss. Code Ann. § 75-2-209 (2024)

Modification, rescission and waiver

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Codes, 1942, § 41A:2-209; Laws, 1966, ch. 316, § 2-209, eff. 3/31/1968.


Notes of Decisions
Cited in 5 cases, 1988–2013 · leading case: Crosby-Mississippi Resources, Ltd. v. Florida Gas Transmission Co., 815 F. Supp. 977 (S.D. Miss. 1993).
Crosby-Mississippi Resources, Ltd. v. Florida Gas Transmission Co., 815 F. Supp. 977 (S.D. Miss. 1993). · cites it 6× “Subsection (4) of Miss. Code Ann. § 75-2-209 provides, “Although an attempt at modification or rescission does not satisfy the requirements of Subsection (2) or (3), it can operate as a waiver.”
DC Gen. Contractors, Inc. v. Slay Steel, Inc., 109 So. 3d 577 (Miss. Ct. App. 2013). · cites it 3× “2002) (addressing contracts, contract sales, and contract termination and providing that upon termination, "all obligations which are still executory on both sides are discharged!)] but any right based on prior breach or performance survives”); Miss.Code Ann. § 75-2-209 (Rev.…”
H & W Indus., INC. v. Formosa Plastics Corp., USA, 687 F. Supp. 271 (N.D. Miss. 1988). · cites it 3× “See Miss.Code Ann. § 75-2-201(2) (1972). Formosa argued that their 1983 contract with Formosa limited its modification to an agreement signed by both parties.”
Exxon Corp. v. Crosby-Mississippi Resources, Ltd, 40 F.3d 1474 (5th Cir. 1994). · cites it 3× “However, the district court then found that “this is a classic case for waiver under subsection (4) of Miss. Code Ann. § 75-2-209 since there was an attempt at modification or rescission.”
Exxon Corp. v. Crosby-Mississippi Resources, Ltd., No. 93-07525 (5th Cir. Jan. 3, 1995). “According to CMR, the preceding "no waiver" provision precludes a 36 finding of waiver because the provision expressly provides that no waiver is enforceable unless it is in writing. In response to this argument, the district court determined that the use of the word " "waiver'…”
Miss. Code Ann. § 75-2-209(1): 1 case
DC Gen. Contractors, Inc. v. Slay Steel, Inc., 109 So. 3d 577 (Miss. Ct. App. 2013). “2002) (addressing contracts, contract sales, and contract termination and providing that upon termination, "all obligations which are still executory on both sides are discharged!)] but any right based on prior breach or performance survives”); Miss.Code Ann. § 75-2-209 (Rev.…”
Miss. Code Ann. § 75-2-209(2): 1 case
H & W Indus., INC. v. Formosa Plastics Corp., USA, 687 F. Supp. 271 (N.D. Miss. 1988). “See Miss.Code Ann. § 75-2-201(2) (1972). Formosa argued that their 1983 contract with Formosa limited its modification to an agreement signed by both parties.”
Miss. Code Ann. § 75-2-209(3): 1 case
H & W Indus., INC. v. Formosa Plastics Corp., USA, 687 F. Supp. 271 (N.D. Miss. 1988). “See Miss.Code Ann. § 75-2-201(2) (1972). Formosa argued that their 1983 contract with Formosa limited its modification to an agreement signed by both parties.”
Miss. Code Ann. § 75-2-209(4): 3 cases
Crosby-Mississippi Resources, Ltd. v. Florida Gas Transmission Co., 815 F. Supp. 977 (S.D. Miss. 1993). “Subsection (4) of Miss. Code Ann. § 75-2-209 provides, “Although an attempt at modification or rescission does not satisfy the requirements of Subsection (2) or (3), it can operate as a waiver.”
H & W Indus., INC. v. Formosa Plastics Corp., USA, 687 F. Supp. 271 (N.D. Miss. 1988). “See Miss.Code Ann. § 75-2-201(2) (1972). Formosa argued that their 1983 contract with Formosa limited its modification to an agreement signed by both parties.”
Exxon Corp. v. Crosby-Mississippi Resources, Ltd, 40 F.3d 1474 (5th Cir. 1994). “However, the district court then found that “this is a classic case for waiver under subsection (4) of Miss. Code Ann. § 75-2-209 since there was an attempt at modification or rescission.”
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