When a buyer sends an order but receives non-conforming goods, what is the buyer's legal position?

When a buyer sends an order and receives non-conforming goods, the buyer's legal position typically constitutes a breach of contract by the seller. Under the Uniform Commercial Code (UCC), which governs the sale of goods, when an acceptance of an offer contains terms that are different from or additional to the offer, it generally results in a contract that incorporates the original terms, while the differing terms may be ignored or treated as proposals for modification.

In this scenario, the buyer's expectation was for conforming goods as specified in the order. The receipt of non-conforming goods means that the seller has not fulfilled their obligations under the contract, resulting in a breach. The buyer has the right to reject the goods, seek damages, or possibly even rescind the contract due to this breach.

The other potential choices do not accurately reflect the legal implications of receiving non-conforming goods. A counteroffer indicates a new offer has been made. Acceptance with modification suggests that the buyer has accepted the goods despite the non-conformity, which is not the case when the buyer intends to reject the non-conforming goods. A request for specific performance implies a demand for the seller to fulfill their obligations specifically, which is typically not a primary remedy in cases involving the sale