Who Will Prevail in the Following Scenarios Applying the CISG

question 19

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 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.

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Definitions:

Gratuitous Agent

An agent who receives no compensation for his or her services.

Fiduciary Duty

An obligation to act in the best interest of another party, such as a trustee for a beneficiary.

Apparent Authority

An agent’s ability to affect the principal’s legal relations. Consent must be communicated to the third party.

Restatement (Third)

The third update to a set of model civil and criminal statutes designed to clarify, modernize, and otherwise improve American law.