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Contractual Modifications/Statute of Frauds

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(1) Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding?

(2) In question 1, what effect, if any, would the following telegram have?
International Widget:
In accordance with our agreement of this date you will deliver the 1,000 previously ordered widgets within thirty days. Thank you for your cooperation in this matter.
(signed) Adams

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Solution Summary

In terms of the case presented, this solution discusses if the contractual modification is binding and what effect, if any, the telegram would have.

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1. Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding?

Answer: Contractual Modifications/Statute of Frauds. No. This problem brings out two significant problems: (1) can the contract be modified without consideration and (2) ...

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