Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 2. UNIFORM COMMERCIAL CODE SALES · Part 2. Form, Formation, and Readjustment of Contract
Montana Code Annotated

Mont. Code Ann. § 30-2-209 (2026)

Modification, Rescission And Waiver

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 2
  4. Part 2
  5. 30-2-209 Modification, rescission and waiver

TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 2. Form, Formation, and Readjustment of Contract

Modification, Rescission And Waiver

30-2-209. Modification, rescission and waiver. (1) An agreement modifying a contract within this chapter 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excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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 chapter (30-2-201) 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: En. Sec. 2-209, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-209; amd. Sec. 12, Ch. 200, L. 2025.

Notes of Decisions
Cited in 6 cases, 1982–1993 · leading case: Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991).
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Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). · cites it 10× “The relevant Code provision regarding modification of an existing contract is § 30-2-209, MCA. Section 30-2-209(2), MCA, allows for the oral modification of a contract unless otherwise indicated by the parties: “A signed agreement which excludes modification or rescission except…”
Westmont Tractor Co. v. Viking Expl., Inc., 543 F. Supp. 1314 (D. Mont. 1982). · cites it 5× “§ 30-2-209 Montana Code Annotated (1979) controls the modification of a contract for the sale of goods.”
Fire Supply & Serv., Inc. v. Chico Hot Springs, 639 P.2d 1160 (Mont. 1982). · cites it 3× “Although this contract and any modifications would ordinarily be subject to the statute of frauds because they involve goods with a value greater than $500 (sections 30-2-201(1), - 209(3), MCA), there is an applicable exception under section 30-2-209(4), MCA, in which an…”
Taylor Rental Corp. v. Ted Godwin Leasing, Inc., 681 P.2d 691 (Mont. 1984). · cites it 3× “Godwin argues that Taylor waived its rights in some unspecified manner under the provisions of Section 30-2-209, MCA. However, this statute is contained in the article on sales and is inapplicable to this case.”
Lumber Enter., Inc. v. Hansen, 846 P.2d 1046 (Mont. 1993). · cites it 2× “Official Comment to Section 30-2-209. ALumber Enterprises manager testified that the April 27,1987 *16 price increase was necessary “[b]ecause we were losing money at the 1985 price agreement.”
In Re MSR Expl., Ltd., 147 B.R. 560 (Bankr. D. Mont. 1992). · cites it 2× “Section 30-2-201 provides a contract for sale of goods for a price of $500 or more must be evidenced by a writing, except that a contract which does not satisfy that requirement is nevertheless enforceable— (3)(c) with respect to goods for which payment has been made and…”
— Mont. Code Ann. § 30-2-209(2) — 1 case
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). “The relevant Code provision regarding modification of an existing contract is § 30-2-209, MCA. Section 30-2-209(2), MCA, allows for the oral modification of a contract unless otherwise indicated by the parties: “A signed agreement which excludes modification or rescission except…”
— Mont. Code Ann. § 30-2-209(3) — 1 case
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). “The relevant Code provision regarding modification of an existing contract is § 30-2-209, MCA. Section 30-2-209(2), MCA, allows for the oral modification of a contract unless otherwise indicated by the parties: “A signed agreement which excludes modification or rescission except…”
— Mont. Code Ann. § 30-2-209(4) — 2 cases
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). “The relevant Code provision regarding modification of an existing contract is § 30-2-209, MCA. Section 30-2-209(2), MCA, allows for the oral modification of a contract unless otherwise indicated by the parties: “A signed agreement which excludes modification or rescission except…”
Fire Supply & Serv., Inc. v. Chico Hot Springs, 639 P.2d 1160 (Mont. 1982). “Although this contract and any modifications would ordinarily be subject to the statute of frauds because they involve goods with a value greater than $500 (sections 30-2-201(1), - 209(3), MCA), there is an applicable exception under section 30-2-209(4), MCA, in which an…”
— Mont. Code Ann. § 30-2-209(5) — 1 case
Westmont Tractor Co. v. Viking Expl., Inc., 543 F. Supp. 1314 (D. Mont. 1982). “§ 30-2-209 Montana Code Annotated (1979) controls the modification of a contract for the sale of goods.”
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