Please help me answer these 2 below questions about the application of international business law using IRAC method (which is attached in the file below):
1. Buyer and Seller are citizens of United States and Vietnam respectively. Both countries have adopted the CISG. However, as the performance of the contract is going to take place in the US, they agree that US would have jurisdiction to hear disputes and the application law shall be that of the US. When a dispute arise, Seller claims that the given the difference legal traditional followed, the application law should be CISG. Buyer argues that the law of the US has been specifically mentioned in the contract, and hence the CISG cannot be applied to in settlement of disputes. Whom do you think is correct? Discuss fully.
2. Buyer and Seller entered into a contract governed by the CISG for Seller to deliver a sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on January 2: " Anxious to take delivery of the computer. Hope that it arrives by February 1." Seller delivers the computer on February 5, but Buyer refuses to accept and declares that the contract is avoided because Seller fails to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach. Is Buyer able to avoid the contract under these circumstances? Explain fully. (chapter 10)
The book is International Business Law - sixth edition. Authors: Ray August, Don Mayer, Michael Bixbuy