Q1

Buyer and Seller are citizens of the United States and France respectively. Both countries have adopted the CISG. However, as the performance of the contract is going to take place in the United States, they decide that the United States would have jurisdiction to hear disputes and the applicable law shall be that of the United States. When a dispute arises, Seller claims that given the different legal traditions followed, the applicable law should be the CISG. Buyer argues that the law of the United States has been specifically mentioned in the contract, and hence the CISG cannot be applied in the settlement of disputes. Seller or Buyer is correct?

Q2

Wholesaler in State A decides to go into the catalogue wholesaling business in State B. Both States are parties to the CISG. Wholesaler purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 businesses owning Ace credit cards in State B, and Wholesaler uses this to prepare mailing labels. John carries on business as a retailer in State B and receives a catalogue addressed to him personally from Wholesaler. The catalogue describes various types of widgets and gives prices for each one. Has Wholesaler made an offer to sell the widgets? If John accepts, will there be a binding contract under the CISG?

Q3

On 1 January, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: "This offer is binding and irrevocable until 1 February." On 5 January, prior to Buyer's receipt of the offer letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer's place of business: "Ignore my letter of 1 January. I have decided to withdraw the offer contained in it." On 7 January, after listening to her answering machine and then reading the letter that arrived that same day, Buyer sent Seller the following fax: "I accept your offer of 1 January." Is there a contract under the CISG?