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.
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- 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?