Assume that a Texas Seller and an English Buyer contractually agree that the CISG will apply to their major international contract of sale covering the purchase-sale delivery of liquefied natural gas (LNG). In this connection, answer both A & B immediately below.
A. Both contracting parties are of the impression that there is no need for a “force majeure”/hardship clause in the agreement as CISG Article 79 (1) would adequately cover these concerns and its coverage would be compatible with relevant English and US-UCC law. Is this a correct impression? Explain.
B. If you were to draft a suitable force majeure clause for the above LNG contract, how would its coverage differ from CISG Article 79 (1)? Would your advice differ if you were representing the Buyer or the Seller?
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