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When does CISG apply?
- Governs sales of goods between parties, unless they opt out
- supersedes UCC
- Only governs formation, rights and obligations
- Art 1:
- both parties must be contracting State or
- Choice of law that says to apply CISG
- (UK is not a contracting State)
Art 95 (reservation): when US courts are bound under international law to only use CISG
- The place of business of both parties to the K are each in diff States
- both States are K parties
General K Formation Rules Under CISG
Art 8: look at parties common understanding or intent, where understanding or intent of parties diverge and one party knew or could have been aware of the other party's intent -- might be able to avoid last shot doctrine
Art 96: if contracting State has so declared, a party can use Art 12 to declare writing required of local law states taht and the party has a princ. place of business in that state
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