Question
The Buyer and the Seller are located in different countries that both have adopted the CISG. The Buyer purchased a software package online from the
The Buyer and the Seller are located in different countries that both have adopted the CISG.
The Buyer purchased a software package online from the Seller. This software package renders particular hardware operational (but has no express warranty). After the software was completely downloaded, the program did not function correctly on the Buyer's computer because the software was incompatible with the Buyer's computer configuration.
The Buyer immediately filed a suit against the Seller in order to recover the purchase price of the software package. The Buyer alleged that it was the Seller's responsibility to specify the required configuration for the program to work. However, the Seller alleged that it was the Buyer's responsibility to check whether Buyer's computer was correctly configured for the program.
Question:
Discuss whether the Buyer should recover the purchase price of the software package.
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