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Ohio Rev. Code Ann. § 1302.12

Modification, rescission, and waiver - UCC 2-209

Applied in 5 court decisions — leading case ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc. (2014)

Most recently applied in ConocoPhillips Alaska, Inc. v. Williams Alaska Petroleum, Inc. (March 2014)

Effective: July 1, 1962; Latest Legislation: Senate Bill 5 - 104th General Assembly

How often courts cite this section

199020002010201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) An agreement modifying a contract within sections 1302.01 to 1302.98, inclusive, of the Revised Code, needs no consideration to be binding.

(B) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

(C) The requirements of section 1302.04 of the Revised Code, must be satisfied if the contract as modified is within its provisions.

(D) Although an attempt at modification or rescission does not satisfy the requirements of division (B) or (C) of this section, it can operate as a waiver.

(E) 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.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.