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Explain the requirements for the effective inclusion of standard terms and conditions into a contract under the CISG and how the battle of forms is resolved under the CISG and provide your (supported) opinion as to which approach is most suitable in a business contractual relationship and why.
Points to consider/Expectations:
– DISCUSS under machinery case to solute problem in standard terms and conditions about the application of ARTICLES 14 AND 18, but also refer to Article 7 to explain how internal gaps are dealt with. – Include advisory council opinion of how other courts dealt with it and explain internal gaps of phenomenon under CISG and connect to cases in practice and how Battle of form dealt with under CISG.
– And CRITICALLY assess and analyse if the solution is EFFECTIVE and which approach is suitable to contractual relationships and WHY.
– Build argument by identifying what is important of business contractual relationship and why by supporting it with sources
– My OPINION in most suitable approach on inclusion of standard terms and conditions and battle of forms in contractual relationship? And WHY?