Forestal Guarani Sociedad Anonima v. Daros International Inc.
United States Court of Appeals for the Third Circuit
613 F.3d 395 (2010)
Relevant factsFree
Forestal (plaintiff), an Argentinian company, orally agreed to sell wooden finger joints to Daros (defendant), a New Jersey company, which failed to pay after receiving the goods. Forestal sued for breach of contract, and the district court granted Daros summary judgment, reasoning the CISG required a written contract; Forestal appealed to the Third Circuit.
IssueFree
Whether, under the CISG, a forum court must conduct a choice-of-law analysis to determine which law applies to the contract when one contracting party is from a country with a statute of frauds election and the other is not.
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