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Under common law and the UCC, contract modifications generally require the same level of formality as the original agreement, including new consideration. Exceptions exist for merchants under the UCC. Unilateral modifications without consideration may not be enforceable. If the original contract was in writing or fell under the statute of frauds, the modification typically needs to be in writing or comply with the statute of frauds. The UCC generally requires this, but common law jurisdictions may differ on this requirement for contracts that failed under the statute of frauds.
