2017-03-12 11:51

法院设计了一种方法,利用瞬时通信有关的在线合同形成。在公司里entores远东公司[ 9 ]的情况下,合同是通过沟通形成通过电传。原告位于伦敦,并提出了要约,这是接受被告,谁是总部设在阿姆斯特丹。判决是在原告收到承诺后作出的。在他看来,帕克LJ举行: “当事人在彼此的存在下,或在空间中分离时,它们之间的通信实际上是瞬时的,不需要任何这样的便利规则。否则,将无法接受一般的规则,即接受通知的操作。受体可以说:“我说,在你的面前,接受的话虽然是轻轻的,而你没有听我的,”或“我给你打电话和接受,这不是重要的电话了,你没收到我的留言…“只要电文而言,虽然消息的发送、接收不完全的瞬间,双方所有的意图和对方的存在,就好像他们是在电话沟通的目的,我认为没有理由离开一般的规则是没有约束力的合同直到验收通知受要约人收到。”


The courts have devised an approach to the use of instantaneous communication in relation to online contract formation. In the case of Entores Ltd. v. Miles Far East Corporation[9], a contract was formed through communicating via telex. The plaintiffs were located in London and made an offer, which was accepted by the defendants, who were based in Amsterdam. It was decided that the contract was made when the plaintiffs received the acceptance. In his judgment, Parker LJ held:
“that where parties are in each others’ presence or, though separated in space, communication between them is in effect instantaneous, there is no need for any such rule of convenience. To hold otherwise would leave no room for the operation of the general rule that notification of the acceptance must be received. An acceptor could say: ‘I spoke the words of acceptance in your presence, albeit softly, and you did not hear me,’ or ‘I telephoned to you and accepted, and it matters not that the telephone went dead and you did not get my message...’ So far as Telex messages are concerned, though the dispatch and receipt of a message is not completely instantaneous, the parties are to all intents and purposes in each other’s presence just as if they were in telephonic communication, and I can see no reason for departing from the general rule that there is no binding contract until notice of the acceptance was received by the offeror.”

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