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Please review the detailed information given in the first Module – How to Navigate this Course.
The contracts you will be using are in the Contracts Module.
There is one question for this Contract 2. 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. Your response should be in IRAC Writing Format.
A student will be given 4 points for the text reference, 4 points for the contract reference, with 15 points for the analysis itself, 4 points for proper IRAC formatting.
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. IRAC Response (properly labeled with at least 2 paragraphs in the application section with textbook 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 Stamply Thirst Tumblers. That was the original oral telephonic communication when you first contacted the selling merchant. You both talked about and agreed on Stamply Thirst Tumblers. Thereafter, in additional phone conversations, you and the seller just used the phrase “tumblers”. 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 Taykeda Sip Tumblers that are in perfect condition but they are not Stamply Thirst Tumblers as they are slightly heavier and leak. 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 as the buyer?
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