判决理由
Where communication is instantaneous (such as telephone, telex, or other direct communication), a contract is formed at the place and time when the acceptance is received by the offeror, not where and when it is sent. The postal acceptance rule does not apply to instantaneous methods of communication.
事实
Entores, a London company, made an offer to Miles Far East Corporation in Amsterdam by telex. Miles accepted the offer by telex sent from Amsterdam to London. The question arose whether the contract was made in London (where acceptance was received) or Amsterdam (where it was sent), which determined whether the English courts had jurisdiction.
判决摘要
The Court of Appeal held that the contract was made in London, where the acceptance was received. Denning LJ distinguished instantaneous methods of communication from the post. With instantaneous communication, the acceptance takes effect when received, not when sent. The postal rule is an exception applicable only where communication is not instantaneous and there is an inevitable delay.
关键引述
"When a contract is made by post it is clear law throughout the common law countries that the acceptance is complete as soon as the letter is put into the post box... But I think the rule about instantaneous communications is different."
— Denning LJ
后续处理
Applied in Brinkibon Ltd v Stahag Stahl [1983] (House of Lords) for telex communications. The principle has been extended to email and other electronic communications, though the precise rules for non-instantaneous electronic messages remain under development.