Essay

First Grade Model Essay Answer - International Business Transactions

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Course
International Business Transactions (M3110)

Institution
University Of Sussex (UoS)

This model answer for a law-related essay on international business transactions, specifically focusing on the case of 'United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43, [2017] 1 WLR 2581,' exemplifies e...

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Uploaded on July 6, 2023
Number of pages 10
Written in 2022/2023
Type Essay
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international business transactions

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Course
International Business Transactions (M3110)

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Candidate Number: 216820

Critically evaluate the decision of the United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of
Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43,[2017] 1 WLR 2581

Globalia Business Travel SAU of Spain v. Fulton Shipping Inc of Panama (otherwise known as

The New Flamenco) [2017], was a case heard by the United Kingdom Supreme Court. The

primary issue in the case is whether a contractual clause could limit the ability to cancel a

contract for repudiatory breach. The decision has significant ramifications on international

business transactions, particularly in the area of contractual interpretation. The ruling clarified

the definition of "owner" under English law in the context of bareboat charters, and the

implications of that definition for liability in cases of damage or collision.There were additional

substantial implications for corporate contracts and cross-border business activities, thus the

legal and business community eagerly awaited the decision. This essay offers a critical

assessment of the New Flamenco case ruling, highlighting its relevance for affecting global

corporate deals as well as its influence on other cases. While some claim that the ruling gives

parties entering into commercial contracts more clarity and flexibility, others assert that it might

not have much of an effect on those transactions. This essay makes the case that, while the

New Flamenco decision does hold a number of benefits for parties and commercial contracts

and does have considerable implications for liability in cases of damage or collision that involve

bareboat-chartered vessels, the true scope of of the impact in this area is still to be determined

due to noticeable lack of application due to the particular nature and focus of the decision.

The court's strategy in Globalia is supported by case law like Arnold v Britton [2015], which

defined the rules guiding the interpretation of commercial contracts which was later followed and

applied in Globalia. The court did maintain the necessity test for implied terms, stating that a

term can only be implied if it is required to give the contract business effectiveness or to reflect

the parties' presumptive intention. The court also held that the limitation of liability under Article

III(2) of the Hague-Visby Rules applied through the Carriage of Goods by Sea Act 1971, since

, Candidate Number: 216820

Critically evaluate the decision of the United Kingdom Supreme Court in Globalia Globalia Business Travel SAU of
Spain v Fulton Shipping Inc of Panama (The New Flamenco) [2017] UKSC 43,[2017] 1 WLR 2581
the shipper had not declared a higher value for the yacht. As a result, the test for implied words

can be applied with more consistency and a ‘welcome degree of clarity’1 and reaffirms the

importance and applicability of the Rules in conjunction with ruling in Globalia. The court's

strategy in Globalia is similarly supported by previous case law such as the case Elena D’Amico

[1980] and Hussey v Eels [1990] of which clarified the threshold for assuming a term into a

commercial contract. Overall, it is clear that the judgement in Globalia has codified and

expanded on previous case law and has had major and pervasive ramifications on the decisions

and rulings that proceed, giving parties dealing with commercial contracts greater understanding

and clarity. The body of case law above supports the court's approach and its practicality in

dealing with an issue which is far from ‘straightforward’2. The significance of this ‘clear and

concise’3 judgement is that the courts now have a structured and streamline profile to follow in

future cases and can apply the decision in Globalia to such cases and provide a result like seen

in this case which was ‘commended’4 by commentators like Lara Hicks for the use of a ‘leaner

basis to rationalise’5 the facts of the case. Despite the lack of direct application of this approach

in subsequent cases the ‘rationale’6 that was established the decision will provide the courts

with far greater ‘clarity’7 in the future.

The result in Globalia indicates a major divergence from conventional English contract law

standards and has been hailed as a historic case. Lord Clakre rejected the ‘difference in kind’8

test and the test used in Globalia can be deemed to be ‘narrower’9 than Haldane’s test used in

1
(Ince)
2
(http://www.a8b.it/rg/)
3
(onlinedmc)
4
(Hicks, 2017)
5
(onlinedmc)
6
(onlinedmc)
7
(onlinedmc)
8
(Team, 2023)
9
(Team, 2023)

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