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MisconceptionObserved in bank

All Contract Changes Need New Consideration

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Contracts1

Example wrong choices

  • 14490_ruth_embroidery_waiver · CONTRACTS · Choice ANo, because the contract's no-written-change clause was unconscionable as against an amateur pattern designer.

    Why it's attractive

    The stem gives conduct and reliance facts, not formation unfairness facts.

    Why it's wrong

    The stem gives conduct and reliance facts, not formation unfairness facts.

  • 14490_ruth_embroidery_waiver · CONTRACTS · Choice CYes, because the contract's no-written-change clause was not expressly waived by the company.

    Why it's attractive

    It treats the absence of an express signed waiver as the whole case and ignores conduct plus reliance.

    Why it's wrong

    It treats the absence of an express signed waiver as the whole case and ignores conduct plus reliance.

  • 14490_ruth_embroidery_waiver · CONTRACTS · Choice DYes, because the contract's no-written-change clause was a material part of the agreed exchange and could not be avoided without new consideration.

    Why it's attractive

    It answers as if Ruth must prove a new modification, but the useful route is waiver after reliance.

    Why it's wrong

    It answers as if Ruth must prove a new modification, but the useful route is waiver after reliance.

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