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Who Will Prevail in the Following Scenarios Applying the CISG

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Essay

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 introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.


Definitions:

Classification

The action or process of categorizing things based on shared qualities or characteristics.

Conservation

A Piagetian concept referring to the understanding that certain properties of objects remain the same despite changes in the object's form or appearance.

Sociocultural Framework

A theory that examines how society and culture influence human development and behavior.

Lev Vygotsky

A Russian psychologist who made significant contributions to cognitive development, emphasizing the roles of social interaction and culture.

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