A buyer in Australia and a seller in France entered into a contract for the sale of 1000 boxes of French flour specifically used to bake French souffle and this usage is included as a term in their contract.

The flour arrived in Australia and the buyer inspected the flour only to find out that the flour are normal flour which cannot be used to bake French souffle. The buyer is devastated because his customer who is a French baker has already placed order to buy the 1000 boxes of French flour from him.

Apply the CISG to the contract above between the buyer and the seller. Explain why the CISG applies to this contract and how will the CISG resolve the dispute between the buyer and the seller?

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