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Question
In DiMercurio v. Sphere Drake Insurance, DiMercurio was a fisherman who worked on a boat in Massachusetts. The boat was insured by a British insurance company, Sphere Drake. The boat DiMercurio worked on sank and he was injured. The company he worked for could not pay the damages DiMercurio won against them in court but gave their rights against its insurer, Sphere Drake, to DiMercurio. The insurance policy between the boat owners and Sphere Drake included an arbitration clause. Sphere Drake sought to enforce the arbitration while DiMercurio argued that it would be too burdensome on the parties that he would have to travel to London for arbitration. The appellate court held that:A.the international travel was overly burdensome and the arbitration clause was not valid.
B.DiMercurio did not agree to the arbitration clause with Sphere Drake, the boat owner did, therefore the arbitration clause is not valid.
C.the arbitration clause is valid because arbitration clauses once agreed on are always valid.
D.the arbitration clause is valid under a four-part analysis that included the consideration of the commercial relationship having a reasonable relation with a foreign country.
Answer
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Related questions
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A.Mobil was able to get out of the contract for the $156 million lease because the new law passed at the last minute changed the terms of the original contract amounting to repudiation by the United States.
B.Mobil was able to get out of the contract for the $156 million lease because the new law passed at the last minute changed the terms of the contract, barring certain types of oil exploration, frustrating Mobil's contractual purpose.
C.Mobil could not claim an anticipatory repudiation because even though as new law had been passed, they had not yet filed their oil excavation plan so they could not know whether they were facing a problem.
D.Mobil could not claim an anticipatory repudiation because even though as new law had been passed, it did not substantially change the terms of the original contract.
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B.novation.
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