A second year law student (2L) and a first year law student (1L) agree that the 2L will sell to the 1L his first year course books only, and that 2L will not include additional law school supplements he has that are tailored to the course books. Three days before the scheduled exchange was to take place, 1L emails to the 2L, “I really am scared about my first year in law school; are you sure you won’t throw the supplements in?” The 2L emails back, “sure, no problem.” Later, the 2L changes his mind stating that another 1L has agreed to pay him $150 for all the supplements.

Is the 1L entitled to the additional supplements or does the original agreement stand?The issue is whether the 1L is legally entitled to the law school supplements after he asked for them and the 2L agreed to include them after their previous agreement that the sale would include the books but not the supplements. Since this contract is for the sale of good the U.C.C. and not common law applies. Under the U.C.C. and 2-209(1), an agreement modifying a contract needs no consideration to be binding so long as it was voluntarily entered into in good faith. Here, the other student voluntarily agreed to change the terms and although there was no extra consideration, none is needed under 2- 209(1). Therefore the 1L is legal entitled to the law supplements.