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Home Q & A Board Humanities Legal Studies
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KitKat29 KitKat29
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6 years ago
Who will prevail in the following scenarios applying the CISG? Would your answer change if the parties selected the UCC pursuant to a choice of law clause? Please provide a short explanation for each of your answers. Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.
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6 years ago
Utilizing the CISG, the Chinese seller may prevail. The CISG only applies to the commercial sale of goods between merchants. Utilizing the UCC, the American consumer may prevail. The warranty provisions of the UCC apply to both commercial and consumer sale of goods.
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