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Source Promissory Estoppel Promissory Estoppel Matched to this deck.

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0 tracked cards Contracts

A landowner hired an excavator to prepare a building pad for a fixed price. After work began, the excavator discovered an abandoned concrete foundation several feet below the surface. Neither party knew of it, and a reasonable precontract inspection would not have revealed it. Removing the foundation required specialized equipment. Before the original work was complete, the parties signed a fair written modification increasing the price for the extra removal work. The landowner later refused to pay the increase.
Which statement best supports enforcing the modification?

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The modification may be enforceable if it was fair and equitable in view of unanticipated circumstances that arose before full performance. The modification is unenforceable because service contracts are governed by Article 2. The modification is enforceable only because the contractor threatened to stop work. The modification is automatically enforceable because all written promises are supported by consideration.

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