The Posting Class Law

Entores Ltd v Miles outlying(prenominal) East Corporation [1955] EWCA Civ 3 is a landmark slope Court of Appeal decision in take police on the moment of borrowing of a guide over telecommunicate machine. Denning LJ found that the regular postal regularisation did not put one across for instantaneous means of communications much(prenominal) as a telex. Instead, acceptance occurs where the message of acceptance is aver Facts Entores was a London- base trading caller-out that send an twirl by telex for the purchase of copper cathodes from a company based in Amsterdam. The Dutch company sent an acceptance by telex. The contract was not fulfilled and so Entores assay to sue the owner of the Dutch company for damages. The controlling company, Miles Far East Corp, was based in the US and under English constabulary Entores could precisely bring the action in the US (serve notice of writ outside the jurisdiction) if it could prove that the contract was progress to with in the jurisdiction, i.e. in London rather than Amsterdam. [edit] Judgment Denning LJ, delivering the pencil lead judgment. He said that the postal rule could not apply to instantaneous communications, such as telephone or telex: if a phoneline went dead salutary before the offeree said yes, it would be absurd to assume that the contract was formed and the parties would not shit to call each former(a) back.

The same applied to telex. Since the contract was in that respectfore only formed when and where the telex was received, the level of formation was London. | thither was a faultless contract by which the defendant s agreed to tote up 100 stacks of cathodes! at a price of £239 10s. a long ton. The offer was sent by Telex from England whirl to pay £239 10s. a ton for 100 tons, and accepted by Telex from Holland. The question for our last is where was the contract made? When a contract is made by post it is clear law throughout the common law countries that the acceptance is complete as soon as the garner is put into the post box, and that is the place where the contract is made. But there is...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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