This is an example of an essay written by a first class law graduate. The essay question is on International Private Law and is a memorandum to a partner in a law firm. All sources are cited and bibliography is included.
, International Private Law Honours Coursework Question 2021-22
Lily is Scottish domicile of origin, a Scottish TV celebrity and company director of Thistle Lifestyle Ltd,
a company registered in Edinburgh, Scotland. In April 2021, the following took place:
(a) Thistle Lifestyles Ltd entered into a contract with Cosy Hygge AS, a company registered in
Denmark, for 2000 premium scented candles at a price of £30,000. After delivery in Scotland,
an inspection found that most of the candles were significantly damaged. Thistle Lifestyles Ltd
want to bring proceedings in the Scottish courts for breach of contract. Advise Thistle
Lifestyles Ltd on the jurisdiction aspects. Would your answer be any different if the contract
between the parties had an express term providing that the Danish courts had exclusive
jurisdiction? (25 marks)
(b) Lily is married to Giorgio, who is Italian domicile of origin and a well-known Italian football
manager. Whilst Lily was on holiday in Spain, paparazzi photographers took photographs of
her in public locations and on a private beachside estate with a man who was not Giorgio. An
English based newspaper published these photographs in an article claiming Lily is an
adulterer. The article was available in print and online. The printed newspaper was circulated
throughout the UK and the webpage was accessed 20,000 times in Scotland, 2,000 times in
England and 15,000 times in Italy. Lily is upset with the allegation and intrusion into her
private life and wants to sue in the Scottish courts. Advise Lily on the jurisdiction aspects. (25
marks)
(c) Before going on holiday to Spain, Lily viewed the website of Barcelona Bubble Art Dealers SL, a
company registered in Barcelona, Spain. Whilst on that website, Lily spotted a rare miniature
artwork by Joan Miro, the famous Spanish artist at a price of €8,000. Lily wanted the artwork
for her kitchen. Lily quickly scrolled through the terms and conditions for sale on the website
which stated, in English, that contracts were subject to the exclusive jurisdiction of the
Spanish court and governed by Spanish law. Lily purchased the artwork online. Whilst the
artwork could have been delivered in Scotland for an additional fee, Lily chose to collect it
whilst on holiday in Spain. On return home an art dealer friend told her the artwork was a
fake copy of a Miro. Advise Lily on both the jurisdiction and choice of law aspects. (25 marks)
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