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Entores Ltd v Miles Far East Corporation Ltd (1955)
Created by 121.1.18.237 on 28 October 2009, at 05:10



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Entores Ltd v Miles Far East Corp
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Court Court of Appeal of England and Wales
Date decided 17 May 1955
Citation(s) [1955] EWCA Civ 3, [1955] 2 QB 327
Judge(s) sitting Lord denning, Birkett LJ, Parker LJ
Case opinions
Denning LJ, Birkett LJ, Parker LJ
Keywords
telex, acceptance, communication, postal "rule"

This article should be revised.

THE PARADOX: deciding which jurisdiction's law applies, relies upon which jurisdiction applies the law...

Denning Proving There Is No Postal Rule = English Jurisdiction.

Jurisdiction is a conclusion - therefore, not an issue. Landmark case on instantaneous communication.

This case (Entores Ltd v Miles Far East Corpn [1955] 2 QB 327) demonstrates the difference between Acceptance of offer by post, and using an 'instataneous' method of communication -- telex in this case.

A company based in London placed an order by telex on a company based in Amsterdam, which accepted by telex. This issue at state was where the contract contract formed: London or Amsterdam. If the deal had been done by post, then the contract would have been formed in Amsterdam, and would be subject to Dutch law. However, it was ruled that it would make no sense for an instantaneous reply to an offer to be deemed to be accepted at the place of origination of acceptance, because this would conflict with the law as regards acceptance by telephone, etc. In the latter case, the acceptance has to be heard to be accepted. Otherwise a fault in communication could lead to the acceptance being uncertain. Presumably the postal system is considered error-free. In any event, the acceptance was deemed to have been made in London, when the telex was read.
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