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O.C.G.A. § 11-2-209

Modification, rescission, and waiver

Applied in 1 court decision — leading case Flowers Ginning Company, Incorporated, D/B/A Warren Brothers Gin v. Arma, Incorporated Ritch McCutchen (1997)

Most recently applied in Flowers Ginning Company, Incorporated, D/B/A Warren Brothers Gin v. Arma, Incorporated Ritch McCutchen (January 1997)

Code 1933, § 109A-2-209, enacted by Ga

(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A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.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 (Code Section 11-2-201) 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) of this Code section 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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.