Acceptance: Electronic

[Flash Card 1 of 1]

• postal rule / overcome uncertainty in timing / parties contracting at distance by post
• today electronic / same issues / when acceptance effective?

Communication

• instant electronic acceptance (telex / fax / online keystrokes) / effective on communication
• telex / contract made where acceptance received / if recipient machine problem still bound (Entores v Miles Far East Corp. [1955])

Timing

• instant electronic acceptance / effective when reasonable to expect recipient to have read
• analogy / withdrawal / office hours (The Brimnes [1975])
• not instantaneous (email / voicemail) / debatable: when recipient reads/ listens or when sender reasonably expect acceptance communicated
• 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 ... (Brinkibon Ltd v Stahag Stahl GmbH [1983] )

bits of law