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

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                                                                Case note



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.

        There were several Telex communications but the most important is when     Entores Ltd made a counter offer to the Dutch company. The acceptance was received by telex machine in two days time.

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?Question of Law

Does the postal rule apply to instantaneous communications?

There was a question of jurisdiction in relation to the place where the contract was made. If the contract was in Holland would the service of writ have been out of jurisdiction by term or by implication was it to be governed by English law?

Appellants’ Argument

chaThe defendants argued that the contract was not made in England but was made in Holland.

The appellants applied for the Order 11 to be discharged and the subsequent proceedings to be set aside.  cccccccccccccccc

The appellants ...

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