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:

Advertising

A form of marketing communication used to promote or sell products, services, or ideas through various mediums and strategies.

Structural Functionalism

A theoretical perspective that sees society as a complex system whose parts work together to promote solidarity and stability.

Symbolic Interactionism

Focuses on interaction in microlevel social settings and emphasizes that an adequate explanation of social behaviour requires understanding of the subjective meanings people attach to their social circumstances.

Homogenizing Effects

The process by which diverse elements are made uniform or similar, often observed in cultures, markets, and technologies.