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In general, under common law and the UCC, modifications to a contract must be made with the same formality as the original agreement, often requiring new consideration. However, there are exceptions for merchants under the UCC where consideration may not be necessary. Unilateral modifications without consideration are typically unenforceable. A key issue arises when considering if the modification needs to be in writing per the statute of frauds. The UCC generally mandates that modifications must be in writing, while common law jurisdictions can vary on whether a common law contract that is required to be in writing also requires modifications to comply with that statute.
