Reference no: EM133201798 , Length: word count:1200

Question: There is a correct answer(s) for the question as several legal concepts apply. If a student discusses a different legal theory for answering the question, partial points will be given. In cases of complete or partial answers, text references are mandatory to support the remedy proposed by the student. A text reference that has no bearing on the remedy or legal arguments will be counted as "no text". For example, if any contract has an issue of risk of loss, referencing the text on contract formation will not meet the requirement. The sections of the text that you have read contain all the information you need for this analysis.

Please remember to reference the applicable parts of the contract that you are using to answer each question.

A student will be given 3 points for the text reference, 4 points for the contract reference(s), with 15 points for the analysis itself.

The remaining 3 points will be given as a spelling/grammar score. Following is the prompt.

UCC Sales Contract

The following question is based on the Sales Contract found in the Contracts Module. Please reference the Sales Contract by clause number as you answer the questions. Remember, this is a contract under the UCC.

Essay (2 complete paragraphs minimum per essay with text and contract references to support your answers)
You contend that you received non-conforming goods as a result of an ambiguity in the contract. You ordered goods thinking you would get a particular product. You wanted Razor scooters. That was the original oral telephonic communication when you first contacted the selling merchant. You both talked about and agreed on Razor scooters. Thereafter, in additional phone conversations, you and the seller just used the phrase "scooters". The seller prepared a written contract and sent it to the buyer for review and signature. The contract was signed by both parties. The selling merchant then shipped scooters that are in perfect condition but they are not Razor scooters. The selling merchant believes the goods are conforming. Upon receipt and inspection of the goods, what are all your merchant options under the contract and at law?

You can approach these contracts as you would any problem you encounter in your life by setting up the framework you need to help solve the problem. What do the parties want (call it a remedy)? What are the facts that each believes supports their "remedy"? What does the contract say about their remedy? What does the law say about that? Now, can you come to a conclusion supported by the contract language and the law? If yes, then write it out. You must support your conclusion with at least one text reference per contract.

Why are text references important? Contract language does not exist in a vacuum. It is written based on the law. It is critical, therefore, to cite to the text and the contract to support your analysis.