for 100 tons and accepted by Telex from Holland. In September of 1954 a series of communications passed between Entores and Miles by means of an equipment called Telex Service, consisting of a teleprinter and signalling unit and certain necessary subsidiary apparatus possessed by both parties.
Contract – Acceptance – Postal Rule – Damages – Instantaneous communication. He then repeats it and I hear his acceptance. The question for the court was at what point the contract came into existence.
In September of 1954 a series of communications passed between Entores and Miles by means of an equipment called Telex Service, consisting of a teleprinter and signalling unit and certain necessary subsidiary apparatus possessed by both parties. 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 letter is put into the post box, and that is the place where the contract is made. Entores Ltd. claim they entered into a contract with Miles for the purchase of copper cathodes and they seek to issue a writ claiming damages for the breach of the contract by Miles. Get 1 point on providing a valid sentiment to this If he wishes to make a contract ? Citations:  2 QB 327;  3 WLR 48;  2 All ER 493;  1 Lloyd’s Rep 511; (1955) 99 SJ 384;  CLY 441. Entores Ltd. wished to bring an action against Miles Far East Corporation for damages for breach of contract. Now take a case where two people make a contract by telephone. 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 letter is put into the post box, and that is the place where the contract is made. Then, when the fault is rectified, the Manchester clerk will repeat his message. Entores was a London-based trading company that sent an offer for the purchase of copper cathodes by telex from a company based in Amsterdam. 10. a ton.
The Dutch company on 11th September, 1954, wrote a letter to the English company saying: “We confirm having sold to you for account of our associates in Tokyo: 100 metric tons: electrolitic copper in cathodes: £239.
If the acceptance was effective from the time the telex … Miles Far East Corporation are a corporation with headquarters at 150 Broadway, New York, in the State of New York. Entores Ltd v Miles Far East Corp – Case Summary. 10s. It means that the trial of the action will be still further held up. 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. Where, however, the parties are in each other's presence or, though separated in space, communication between them is in effect instantaneous there is no need for any such rule of convenience. Instead, acceptance occurs when and where the message of acceptance is received. It is a matter of some considerable importance. In that case the Manchester clerk will not know of the failure but the London clerk will know of it and will immediately send back a message "not receiving". The Dutch company on 11th September, 1954, wrote a letter to the English company saying: The variations consisted in the ports of delivery, the provisions of import licence and so forth. The postal rule only applies to letters sent by traditional post. Mr Gardiner submitted that the proper principle to be applied to a case like the present could be thus stated: He further submitted that great difficulties would arise if Telex communications were treated differently from acceptances by post or telegram.
The grounds are that the action is brought to recover damages for breach of a contract made within the jurisdiction or by implication to be governed by English law. I think the decisions of the Master and the Judge were right and I would dismiss the appeal. LORD JUSTICE DENNING: On the whole we do not think that we ourselves should give leave to appeal.
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