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In Treibacher Industrie AG V

Question 299

Multiple Choice

In Treibacher Industrie AG v.Allegheny Technology,Treibacher sued Allegheny,under the CISG,for breach of a contract that caused Treibacher to lose money on the sale of a hard metal powder when Allegheny cancelled the contract in favor of a less expensive supplier.The courts held that:


A) based on the two companies' past dealings with each other and Treibacher's reasonable attempts to mitigate losses,the district court's finding for Treibacher was correct
B) based on the two companies' past dealings with each other and Treibacher's unreasonable attempts to mitigate losses,the district court's finding for Treibacher was incorrect
C) Treibacher had no case because it was not an American company
D) Treibacher could not sue an American company
E) the district court improperly applied the CISG;it should have used the UCC

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