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Who Will Prevail in the Following Scenarios Applying the CISG

question 65

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.


Definitions:

Social Respect

The esteem or regard in which an individual or entity is held by the community or social group, often influenced by actions, achievements, or moral standing.

Ethnic Groups

Communities or populations that share common cultural practices, ancestry, language, or beliefs.

Low-Context

Low-context refers to communication styles where messages are explicit and specific; verbal communication holds the majority of the information, common in cultures that prize directness.

Oral Traditions

Stories, songs, and knowledge passed through generations by word of mouth, without written documentation.

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