San Diego State University UCC Sales Contract Analysis Paper

You will be given a contract with questions to be answered for thecontract. I am looking for the ability to read and comprehend thecontract so the appropriate contract clause can be applied to thequestions connected with the contract. In order to answer the contractfact scenario, you will also need to be able to identify the legalconcept that is applicable to the situation described. This is ananalysis so please treat it as such. Your personal opinion is notappropriate.

There are correct answers for each question. If astudent discusses a different legal theory for answering the questions,partial points will be given. In cases of complete or partial answers,readings references are mandatory to support the remedy proposed by thestudent. A reading reference that has no bearing on the remedy or legalarguments will be counted as “no reference”. For example, if anycontract has an issue of risk of loss, referencing the text on contractformation will not meet the requirement.

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

This analysis is worth 21 points. Within each question, a student will be given 2 points for the readingsreference, 3 points for the contract reference, with 8 points for theanalysis. Please remember, NO outside references. That will be anautomatic point deduction and will not be considered a text reference.

The remaining 2 points will be given as an a spelling/grammar score. Following are the prompts.

UCC Sales Contract

The following question is based on the Sales Contract foundin the Contracts Module. Please reference the Sales Contract by clausenumber as you answer the questions. Remember, this is a contract underthe UCC.

• Essay (2 complete paragraphs minimum per essay with text and contract references to support your answers)

You, the buyer, contend that you received non-conforming goods as a result of an ambiguityin the contract. You ordered goods thinking you would get aparticular product. You wanted Razor scooters. That was the originaloral communication when you first contacted the selling merchant. Youboth talked about and agreed on Razor scooters. Thereafter, in severalphone conversations, you and the seller just used the phrase scooters.The seller prepared a written contract. The contract was signed by bothparties. The selling merchant then shipped scooters that are inperfect condition but they are not Razor scooters. The selling merchantbelieves the goods are conforming. Upon receipt and inspection of thegoods, what are all your merchant options under the contract and at law?

The contract will be provided below.