Entores Ltd -v- Miles Far East Corporation; CA 1955

The plaintiff traded from London, and telexed an offer to purchase cathodes to a company in Holland, who signified their acceptance by return, again by telex. Entores later wanted to sue the defendant, the parent company of the Dutch party. It was denied that a contract had come into existence within the UK jurisdiction.
Held: The resultant contract was made in, and was actionable in, London.
For instantaneous communications, such as by fax, there is acceptance at the place where the offeror receives the acceptance of the offer, though in such a case, Lord Denning said, “The contract is only complete when the acceptance is received by the offeror”.
An agreement made in one country and amended in another should not be regarded as having been made in the second country.

Court: CA
Date: 01-Jan-1955
Judges: Denning, Birkett, Parker LJJ
Links: Bailii,
References: [1955] 2 All ER 394, [1955] 2 QB 327, [1955] EWCA Civ 3, [1955] 3 WLR 48, [1955] 1 Lloyds Rep 511, 99 Sol Jo 384
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