• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Entores ltd V. Miles Far East Corperation [1955] 2 QB 327(CA)

Extracts from this document...

Introduction

Case note ENTORES LTD V. MILES FAR EAST CORPORATION [1955] 2 QB 327(CA) Parties to the Case Miles Far East Corporation are an American corporation with agents all over the world, including a Dutch Company in Amsterdam. (Appellants) Entores Ltd are a company registered and resident in England, with an office in London. (Respondents) Procedural History There was a breach of contract by the appellant. In the county court the respondents ordered to serve notice of the writ in an action for damages for breach of contract on the ground that the contract was made in England and therefore fell within the terms of R.S.C.,ord. 11,r 1 (e),(i). Miles Far East Corporation appealed to the Court of Appeal. It was an interlocutory appeal for the discharge of the order dated Dec. 17 1954 which gave liberty to the plaintiffs to serve the notice of a writ. chaMaterial Facts The English Company received a telex offer from the Dutch company. Telex, like a telephone is the form of the instantaneous communication. Each Company had a teleprinter machine in its office; and each has a teletex number like a telephone number. For the moment one party type out the message, the other party ought to be receiving it on to the paper. ...read more.

Middle

Wrench (1840) 3 Beav. 334.] or revoked, [Watson v. Davies, ante.] and knowledge of the revocation has been communicated to the offeree. [Henthorn v. Fraser [1892] 2 Ch. 27.] Where an offer is capable of being accepted by post, the time of acceptance is generally the time at which the acceptance is posted. [Adams v. Lindsell (1818) 1 B. & Ald. 681.] This is so even though the posted acceptance never arrives at its destination. [Household Fire and Carriage Insurance Co. v. Grant (1879) 4 Ex. D. 216.] This rule does not apply to the revocation of an offer, which must be actually communicated to the offeree. [Henthorn v. Fraser [1892] 2 Ch. 27.] Furthermore, the rule may be negatived by express words. So where an option was required to be exercised "by notice" it was held that a notice meant something which came to the attention of the person to whom it was addressed, so that the "posting rule" did not apply. [Holwell Securities v. Hughes [1974] 1 W.L.R. 155.] The "posting rule" does not apply to instantaneous communications between the parties, e.g. telex, [Entores v. Miles Far East Corporation [1955] 2 Q.B. 327.] or, presumably, facsimile transmission. ...read more.

Conclusion

They apply to contracts by post as well as instantaneous communications. Even thought, in the United States of America the instantaneous communication are treated as postal communications there is no difference between English and American Law: see American restatement S.64, in the case of the contract of the telephone, it has been held in America that the contract is made at the place where the acceptance is spoken, therefore dealing with such a contract the same principal as that applicable in the case of a letter to telegram. Lord Parker made a number of general comments in his judgment which could be seen as obiter dictum: 'The requirement as to actual notification of the acceptance is for the benefit of the offeror, he may waive it and agree to substitution for that requirement of some other conduct by the acceptor. He may do so expressly, as in the advertisement cases, by intimating that he is content with the performance of a condition. Again, he may do so impliedly by indicating a contemplated method of acceptance, for example, by postal telegram. In such a case he does not expressly dispense with actual notification, but he is held to have done so impliedly on grounds of expediency'. 1 1B &Ald.681 2)1 H.L.C 381 3 (1872)L.R.7Ch.587 4 (1871)L.R.6Exch.108 5 (1879)4Ex.D.216 6 (1892)2Ch.27,32; 8 T.L.B. 459 7 (1870)L.R. 6Exch. 7. 8 (1888)20 Q.B.D. 640 9 (1904)1Ch.305; 20T.L.R. 125 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    Generally, it only acts as a temporary waiver as in the cases of Hickman v Haynes[1975], Hughes v Metropolitan Railway[1877] and Rickards v Oppenhaim[1950] but it remains uncertain whether the waiver is permanent or not. The case of Central London Property Trust Ltd v High Trees House Ltd (1947)

  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    It was not afterwards competent for the plaintiff to revive the proposal of the defendant, by tendering an acceptance of it; and that, therefore, there existed no obligation of any sort between the parties. * And it is different from asking mere information.

  1. Four ways in which a contract may be discharged.

    Under the contract the full price was payable before the date the procession became impossible. In fact the hirer had paid �100. The Fibrosa [1942] 2 All ER 122. An English company agreed to make machinery for a Polish company.

  2. Undue influence in the case of Barclays Bank v. O''Brian [1994] Lord Browne-Wilkinson was ...

    Since Camilla is doing more than she had originally agreed to do (she is providing decorative pots), it seems that there will be consideration for Ildar's promise of more money (Hartley v. Ponsonby(1857)). But even though Camilla has given consideration for Ildar's promise, Ildar may avoid paying if the promise was obtained by economic duress.

  1. Outline the basic rule of the law of contract regarding the effective revocation of ...

    On Wednesday Louise, is told by a member of the local tennis club that Jane's application to emigrate to New Zealand has been refused. Louise immediately sends a fax to Jane's place of work in which she accepts Jane's offer.

  2. I have been asked to advise a client on considering contracting with a building ...

    Montefiore persevered that his offer had expired and could no longer be accepted. The offer was for a reasonable time only, so the offer had lapsed. Revocation by the offeror An offeror may revoke an offer before it has

  1. DIFFEERENT AREAS OF CONTRACT LAW

    Courts don't really like them because they are anti competitive agreements this is because if an employer can't keep a valuable employee then maybe his business deserves to suffer, also why should a person who just sold his business at a large profit be prevented from starting a new business in the same trade or profession.

  2. Offer and Acceptance

    For example in the case of Carlill v Carbolic Smoke Ball Co. in Mrs. Carlill's situation this would have been when she bought the smoke ball. However, in the Daulia case, the statement was obiter, since the court found that the offeree in the case had completed his performance before the supposed revocation.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work