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.
Scenario A claim by a German buyer against an American seller alleging the seller's failure to perform an oral agreement relating to a sale of goods valued at U.S. $10,000.

Question

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. 
Scenario A claim by a German buyer against an American seller alleging the seller's failure to perform an oral agreement relating to a sale of goods valued at U.S. $10,000.

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The Answer of 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. 
Scenario A claim by a German buyer against an American seller alleging the seller's failure to perform an oral agreement relating to a sale of goods valued at U.S. $10,000.

Who Will Prevail in the Following Scenarios Applying the CISG