Who Will Prevail in the Following Scenarios Applying the CISG

question 65

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 consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

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Definitions:

Employee Stock Ownership Plan

A program that gives employees ownership interest in the company through stock ownership, often used as a corporate finance strategy.

Incentive Plan

A structured program designed to motivate and compensate employees beyond their regular paychecks, often based on performance, productivity, or achieving specific goals.

Stock Ownership Plans

Employee benefit plans that give workers ownership interest in the company through the acquisition of stock, often aimed at improving employee motivation and performance.

Stock Price

The cost of purchasing a share of a specific company, which can fluctuate based on market conditions and the company's performance.