UCC Sales Contract

There is one question for this Contract B.   I am looking for the  ability to read and comprehend the contract so the appropriate contract  clause can be applied to the questions connected with each contract.  In  order to answer the contract fact scenario, you will also need to be  able to identify the legal concept(s) that is applicable to the  situation described.  This is an analysis so please treat it as such.   Your personal opinion is not appropriate.

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 Self-Rising flour.  That was the original oral  telephonic communication when you first contacted the selling merchant.   You both talked about and agreed on Self-Rising flour. Thereafter, in  additional phone conversations, you and the seller just used the phrase  “flour”. 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 flour bags that are in perfect  condition but they are not Self-Rising flour. 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?