Under the common law, a modification of a preexisting contract must be supported by mutual consideration; under the Code, a contract can be modified without new consideration.

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Under the Uniform Commercial Code (UCC), which governs sales of goods, a contract can be modified without new consideration if the modification is made in good faith. This is a departure from the common law requirement that any modification to a contract must be supported by new consideration from both parties.

Under the Common Law, a Modification of a Preexisting Contract