The Book Nook, a small bookstore, sent Kidder Publishing Company a written order for 50 copies of "Honesty in Business: The
Bernard Madoff Story" at $13.95 per copy. Kidder accepted the Book
Nook's order in writing but before the books could be
shipped,
Madoff had been arrested and charged with fraud and other S.E.C. criminal violations
. Irv Glanz, owner of the Book Nook, called
Wally Diddle, Kidder's sales manager, and complained that the market for books
touting Madoff's honesty had obviously been
destroyed, and asked to be let out of the contract. Diddle refused to let Glanz
out of the contract, but he did orally agree to
reduce
the price of the books to $10.95 per copy. When the books arrived, however, Diddle
billed Glanz for $13.95 a copy. Which of the
following statements is incorrect?
A Under the UCC, Diddle's promise to reduce the price of the books is unenforceable due to lack of consideration.
B
Under the UCC, Diddle's promise to reduce the price of the books would have been enforceable against him if he had it is
writing.
C Under the UCC, Diddle's oral promise would have been enforceable against him if he had agreed to reduce the price of the
books to $8.95 each.
D Under the UCC, Diddle had no duty to agree to the contract modification.