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Who Will Prevail in the Following Scenarios Applying the CISG

question 87

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 introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.


Definitions:

Urine Testing

A diagnostic analysis of urine samples to detect substances or cells that indicate various states of health or disease.

Ketonuria

The presence of ketone bodies in the urine, often a sign of insufficient insulin in individuals with diabetes.

Diabetes

A metabolic disease characterized by high blood sugar levels over a prolonged period, resulting from defects in insulin production, insulin action, or both.

Daily Injections

The routine of administering drugs or other substances into the body via a needle and syringe on a daily basis.

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