Lucky Used Cars, using their contracts form, agree to sell Alvin a truck for $5,000. The contract provides that it may not be modified—except by a signed writing. After entering into the contract, Lucky and Alvin orally agree that Lucky will include new floor mats and a bed liner for an extra $100. At the time of delivery, Lucky refuses to provide the new floor mats and bed liner unless Alvin pays an extra $250. Discuss the enforceability of the oral agreement Lucky and Alvin had.

In this example, we learn that the contract specifies that the only way in which this can be modified is through writing. However, it is important to be aware of the fact that any such clause in a contract provided by a merchant to a non-merchant would necessarily have to be accompanied by a separate signature by the non-merchant in order to be effective. As this was not the case in the example, then the clause would not be considered valid, and the oral agreement could still be enforceable.

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