利物浦代写Assignment:瞬时通信

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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