In the case Forestal Guarani S$.$A$.$ v$.$ Daros International, Incorporated, in which Daros argued that there was no liability because of the absence of any written contract, the U$.$S$.$ Court of Appels for the Third Circuit reversed the prior decision and ruled in favor of Forestal, citing Multiple Choice that when both countries have adopted an Article $96$ declaration and the other country has not, choice of law principles must not be considered, and the trial court should have taken the course of past conduct into account before granting a summary judgment motion. that when one country has adopted an Article $96$ declaration and the other country has not, choice of law principles must not be considered, and the trial court should have taken the course of past conduct into account before granting a summary judgment motion. that when one country has adopted an Article $96$ declaration and the other country has not, choice of law principles must be considered, and the trial court should have taken the course of past conduct into account before granting a summary judgment motion. that when both countries have adopted an Article $96$ declaration, choice of law principles must be considered, and the trial court should have taken the course of past conduct into account before granting a summary judgment motion.