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Who Will Prevail in the Following Scenarios Applying the CISG

question 58

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 avoid paying a French seller for goods after ignoring the French seller's request for additional time to perform the contract, which goods were delivered six days after the date provided in the contract.


Definitions:

Compensation

A system of rewards or payments, or the psychological mechanism of balancing perceived weaknesses or deficiencies.

Adler

An early 20th-century psychologist known for his theories on individual psychology, emphasizing the importance of feelings of inferiority and the striving for superiority.

Physical Weaknesses

Refers to limitations in physical strength or endurance, often due to illness, injury, or lack of fitness.

Rational

Based on or in accordance with reason or logic; capable of reasoning or thinking clearly.

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