1. 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. A. 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.

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The American buyer would unless both parties opted out of the CISG prior to entering any signed agreement or had sent a purchase order that was signed by the Italian seller since both countries are ratified. UCC doesn’t apply here unless the Italian company has offices, division in the U.S