Entores Ltd v. Miles Far East Corp. [1955]

[1955] 2 QB 327 · Court of Appeal of England and Wales · England and Wales

contract lawcontract lawe commerce law

Issue

Where and when is acceptance effective for instantaneous communication?

Held

Acceptance was effective when received by the offeror.

Exam use

Review the ratio and reasoning before applying this case in problem questions.

Summary

Important communications and contract formation case.

Facts

A contract was formed by telex between parties in different jurisdictions.

Issue

Where and when is acceptance effective for instantaneous communication?

Held

Acceptance was effective when received by the offeror.

Ratio Decidendi

For instantaneous communications, acceptance generally occurs on receipt.

Reasoning

Instantaneous communications differ from postal acceptance because receipt can be confirmed quickly.

Essay-Ready Explanation Generator

Version 1 of 4

Reference to Entores Ltd v. Miles Far East Corp. ([1955] 2 QB 327) strengthens a contract law answer because the case reflects the principle that For instantaneous communications, acceptance generally occurs on receipt. Applied to a problem question, the case should be used after identifying the issue as Where and when is acceptance effective for instantaneous communication? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Significance

Important communications and contract formation case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Revision Checklist

  • Name the issue before discussing facts so the marker sees the legal question immediately.
  • State the holding in one sentence, then use the ratio to explain why the court reached that result.
  • Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
  • Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.

Sources