Who Will Prevail in the Following Scenarios Applying the CISG

question 10

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.

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Definitions:

Ocean Debris

Human-made and natural waste materials that have ended up in the ocean, causing environmental and navigational hazards.

Zooplankton

Zooplankton are small floating or weakly swimming animals that drift in aquatic environments, serving as a crucial component of the aquatic food web.

Groundwater

Water held underground in the soil or in pores and crevices in rock, which is a major source of drinking water.

Prevent Contamination

Measures or practices designed to stop the introduction of harmful substances into products, environments, or natural resources, ensuring safety and purity.