NCBE Uniform Bar Exam (UBE) Practice Exam 2025 - Free Bar Exam Questions and Study Guide

The ability to modify a contract related to the sale of goods under the Uniform Commercial Code (UCC) is governed by the principles of good faith and the intention of the parties. Specifically, the UCC allows for modifications to be made without consideration, provided that such modifications are made in good faith. This flexibility acknowledges the practical realities of business transactions, where circumstances may change after the formation of a contract. For instance, if one party encounters unforeseen difficulties that necessitate changes to the delivery schedule or payment terms, they can seek a modification of the contract that can be agreed upon without needing to provide additional consideration, as long as the intent is genuine and fair.

This approach contrasts with traditional contract law, where modifications typically require consideration to be enforceable. The emphasis on good faith in the UCC reflects a commitment to fostering fair dealings in commercial transactions, allowing parties to adapt their agreements when necessary.

In this context, the other answer choices do not align with the UCC's provisions. The requirement for consideration, unanimous consent from all parties, or formal legal documentation imposes unnecessarily rigid constraints on the ability to modify contracts in the commercial context, which the UCC seeks to avoid to promote fluidity and adaptability in commercial relationships.