Instantaneous Electronic Communications

Summary:

The PDF titled “Instantaneous Electronic Communications” delves into the legal aspects of contract formation through electronic means such as telex and email. It begins by discussing the landmark case of Entores v Miles Far East Corporations (1955), which established the “receipt rule” for instantaneous communication methods. According to this rule, a contract is formed where and when the acceptance message is received. The document also covers the case of Brinkibon Ltd v Stahag Stahl (1983), reiterating the receipt rule and emphasising that there is no universal rule for all cases involving instantaneous communications.

The paper further explores the concept of “office hours” in the context of electronic communications. It cites the case of Tenax Steamship Co Ltd v The Brimnes (1975), where a telex sent within office hours was deemed effective upon receipt, not when read. Another case, Schelde Delta Shipping BV v Astarte Shipping Ltd (The Pamela) (1995), established that sending a message outside office hours becomes effective at the start of the next working day. The document also touches upon the complexities of email communications, citing the case of Thomas v BPE Solicitors (2012), which concluded that an email is effective when it arrives in the recipient’s inbox, not when sent.

Excerpt:

Instantaneous Electronic Communications

Instantaneous/Electronic Communications
Entores v Miles Far East Corporations (1955)

In this case, the plaintiff is based in London during a series of negotiations by telex.
(International message transfer service).

The plaintiff is based in London, and the defendant is based in Holland, and they negotiated through Telex. The plaintiff made a counteroffer, which was accepted by telex by the defendant’s agents in Holland.

The plaintiff claimed a breach of contract and placed an action for leave to serve a writ outside the jurisdiction.

The court only had the authority to grant such leave if the contract was formed in England, giving the English court jurisdiction. The court decided that the telex was received in London, and acceptance was effective on receipt. This is seen as the receipt rule.