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:

Market Price

The current price at which an asset or service can be bought or sold in the marketplace.

Marginal Revenue

is the additional income generated from selling one more unit of a product or service, crucial for understanding profitability and making production decisions.

Economic Profit

The difference between total revenue and total costs, including both explicit and opportunity costs, reflecting the additional gain or loss from a business decision.

Average Total Cost

The cost of producing each unit, calculated by dividing the overall production cost by the quantity of units made.