What is held in the case of Entores Ltd v Miles Far East corp?

Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 is a landmark English Court of Appeal decision in contract law on the moment of acceptance of a contract over telex. Instead, acceptance occurs when and where the message of acceptance is received.

Is telex instantaneous?

It was accepted in the case of telex, that sending and receiving a message did not occur simultaneously, however it was accepted as an instantaneous means of communication.

Is email an instantaneous form of communication?

Email via internet is a non-instantaneous type of communication as shown above and can be described as the digital equivalent of the postal system. Except the speed of communication is similar to the instantaneous communication systems like telex.

What is the postal rule contract law?

The posting rule (or mailbox rule in the United States, also known as the “postal rule” or “deposited acceptance rule”) is an exception to the general rule of contract law in common law countries that acceptance of an offer takes place when communicated. Acceptance is effective as soon as it is posted.

What telex means?

Telex, international message-transfer service consisting of a network of teleprinters connected by a system of switched exchanges. Subscribers to a telex service can exchange textual communications and data directly and securely with one another.

What is instantaneous contract?

Instant contract, as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders.

What are exceptions to consideration?

Exceptions to the ‘No Consideration No Contract’ Rule

• Natural Love and Affection.
• Past Voluntary Services.
• Promise to pay a Time-Barred Debt.
• Creation of an Agency.
• Gifts.
• Bailment.
• Charity.

What is the rule of receipt?

It has been held that a telephone conversation is the same as a conversation that is held between two people in the same room so the ‘receipt’ rule applies [10] ; this means that the offeror has to receive communication of acceptance before a contract has been established, this is obviously different to the postal rule …

Can a demand letter to revoke an offer legally be sent by mail?

The rules of contracts by post (postal rules) include the following: An offer made by post/letter is not effective until received by the offeree. For revocation to be effective, it must be received by the offeree before they post their letter of acceptance.

Where is telex used?

Owing to the secure transmission lines and the verification protocols exchanged between telex senders and receivers, transmitted telex messages are considered to be legally valid documents. For this reason the service is still used by many financial institutions. Telex is also still common on merchant ships.

What are the advantages of telex?

A major advantage of telex is that the receipt of the message by the recipient could be confirmed with a high degree of certainty by the “answerback”.