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Brinkibon Limited v Stahag Stahl GmbH (1982) HL
A contract for the sale of steel bars was executed by telex between the appellants in London and the respondents in Vienna. The appellants requested permission to issue a writ beyond the jurisdiction. The inquiry was, as stated by Lord Wilberforce, 'whether an acceptance transmitted via telex from London and received in Vienna constitutes a contract formed in London or in Vienna.'
The decision in Entores Limited v Miles Far East Corporation was accurate. This was articulated by Lord Wilberforce as a straightforward instance of immediate communication between parties, indicating that the contract, if existent, was established at the time and location the acceptance was received. This occurred in Vienna.
Nonetheless, their Lordships acknowledged the potential that the rule may not be applicable to a more complex telex case. According to Lord Wilberforce:
No universal rule can cover all such cases: they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgment where the risks should lie.
A contract for the sale of steel bars was executed by telex between the appellants in London and the respondents in Vienna. The appellants requested permission to issue a writ beyond the jurisdiction. The inquiry was, as stated by Lord Wilberforce, 'whether an acceptance transmitted via telex from London and received in Vienna constitutes a contract formed in London or in Vienna.'
The decision in Entores Limited v Miles Far East Corporation was accurate. This was articulated by Lord Wilberforce as a straightforward instance of immediate communication between parties, indicating that the contract, if existent, was established at the time and location the acceptance was received. This occurred in Vienna.
Nonetheless, their Lordships acknowledged the potential that the rule may not be applicable to a more complex telex case. According to Lord Wilberforce:
No universal rule can cover all such cases: they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgment where the risks should lie.
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