Who Will Prevail in the Following Scenarios Applying the CISG

question 7

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:

MRI Scans

Medical imaging techniques that use magnetic fields and radio waves to produce detailed images of the body's internal structures, including organs and tissues.

Fossilized Tissue

Organic material from organisms that has been preserved in the geological record.

Lord Kelvin

A British physicist and engineer known for his work in thermodynamics and for developing the Kelvin scale of temperature measurement.

Rigid Sphere

A solid, inflexible object shaped like a ball or globe.