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 buyer to avoid payment for goods received from a French seller based upon a letter providing that the goods were "deficient in quality."


Utilizing the CISG, the French seller may prevail. The CISG requires that the notice of deficiency of goods must specify the nature of the nonconformity. Utilizing the UCC, the American buyer may prevail. The UCC does not require the buyer to describe in detail the deficiency of the goods.

Business

You might also like to view...

Which of the following is true of the circular flow model?

A. It suggests that to keep up with the economy, the population must grow. B. It differentiates natural resources from the other factors of production. C. It treats economic growth as both the solution to all social ills and also as boundless. D. It argues that the economy cannot grow indefinitely.

Business

Home Depot and PetSmart are examples of ________

A) factory outlets B) warehouse clubs C) superstores D) off-price retailers E) category killers

Business

In what way did Frederick Winslow Taylor’s management style suggest extreme authoritarian leadership?

a. He delegated almost all authority over business operations to loyal subordinates. b. He valued obedience over business success or profits. c. He treated employees like machines designed to perform a single function. d. He struck down managers who seemed to be gaining too much power.

Business

When no value is in the base period, no percent change is computable.

Answer the following statement true (T) or false (F)

Business