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 A claim of formation of a contract based upon a purported acceptance of an offer mailed by a Chinese offeree but never received by the American offeror
Utilizing the CISG, the American offeror may prevail. Pursuant to the CISG, an acceptance is effective only when it is received by the offeror. Utilizing the UCC mailbox rule, the Chinese offeree may prevail. The mailbox rule provides that an offeree's acceptance is effective upon mailing to the offeror even if it is never received.
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Within the context of Jennifer Aaker's analysis, identify the brand personality that can be associated with a new product whose promotional messages consistently portray it as being reliable, intelligent, and successful
A) sincerity B) excitement C) competence D) sophistication E) ruggedness
Under article 25 of the CISG, a breach of contract resulting in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, is:
a. a substantial breach. b. a material breach. c. a fundamental breach. d. None of the above
Unlike the case in the U.S., in many foreign nations, particularly European countries, when an investor acquires a firm: I. The investor is compelled to adhere to existing employment arrangements. II. The investor must raise workers' salaries at a set percentage determined by the host country
A) I only. B) II only. C) Both I and II. D) Neither I nor II.
The process of investigating a business to determine its value is called:
A. synergy. B. spin-off. C. due diligence. D. heuristics.