the legal concept
The contract you will be using is in the Contracts Module.
You will be given a contract with questions to be answered for the contract. 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 the contract. In order to answer the contract fact scenario, you will also need to be able to identify the legal concept that is applicable to the situation described. This is an analysis so please treat it as such. Your personal opinion is not appropriate.
There are correct answers for each question. If a student discusses a different legal theory for answering the questions, 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 legal concept
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 text reference, 3 points for the contract reference, with 8 points for the analysis.
The remaining 3 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 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 communication when you first contacted the selling merchant. You both talked about and agreed on Razor scooters. Thereafter, in phone conversations, you and the seller just used the phrase scooters. The seller prepared a written contract. 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?
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.