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Date: 23.08.2006 Country: USA Number: 00 Civ. 5189 (RCC) Court: U.S. District Court, Southern District of New York Parties: TeeVee Toons, Inc. & Steve Gottlieb, Inc. v. Gerhard Schubert GmbH Citation: http://www.unilex.info/case.cfm?id=1137

EVIDENCE OF CONTRACT UNDER CISG - STATUTE OF FRAUDS AND PAROL EVIDENCE RULE NOT APPLICABLE (ARTS. 8 AND 11 CISG) INCORPORATION OF MERGER CLAUSE INTO CONTRACT - MATTER NOT EPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - RECOURSE TO ADVISORY COUNSIL'S OPINION LACK OF CONFORMITY OF GOODS - GOODS NOT FIT FOR ORDINARY USE OR PARTICULAR PURPOSE AND NOT CONFORMING TO SAMPLE (ART. 35(2)(A)(B) AND (C) CISG) RIGHT TO DAMAGES (ARTS. 45, 74 CISG) - FORESEEABILITY AND CAPABILITY OF COMPUTATION WITH SUFFICIENT CERTAINTY LOST PROFITS (ART. 74 CISG) - RECOVERABLE WHEN FORESEEABLE