Ⅰ. Statement of facts
Ⅱ. RESPONDENT should be exempted
A. Specialty Devices is not considered as the “third person whom he has engaged to perform” under Art.79(2)
[ⅰ]Burden of proof
[ⅱ] Supplier is not the third person
[ⅲ]The cases that Art. 79(2) apply
B. Examination of each requirement specified under Art.79(1) - Relationship between Paras. 2) and 3) is “or”
C. What
According to CISG Art. 1(1), the Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. It is not in dispute that the cause for the deliveries of building material in the years 1998 and