Brinkibon Ltd V Stahag Stahl Und Stahlwarenhandelsgesellschaft MbH
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Brinkibon Ltd V Stahag Stahl Und Stahlwarenhandelsgesellschaft MbH
''Brinkibon Ltd v Stahag Stahl GmbH'' 9832 AC 34 is a landmark decision of the House of Lords on the formation of a contract using modern communication. The Lords largely accepted the earlier leading decision of '' Entores v Miles Far East Co.'' 9552 QB 327 on acceptance via telex. Facts Brinkibon was a London company that bought steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied to serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. Judgment The Judges decided that the contract was formed in Vienna. They accepted the principle in ''Entores v Miles Far East Co'' where in the case of instantaneous communication, which included telex, the formation generally occurs in the place where the acceptance is received. Lord Wilberforce, howeve ...
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Acceptance
Acceptance in human psychology is a person's assent to the reality of a situation, recognizing a process or condition (often a negative or uncomfortable situation) without attempting to change it or protest it. The concept is close in meaning to ''acquiescence'', derived from the Latin ''acquiēscere'' (to find rest in). Definition The term ''acceptance'' is a noun with various different meanings. When the person to whom a proposal is made signifies their assent, it is an "acceptance" of their offer, also called an agreement. For example, if someone gives a gift and another receives it, then they have accepted the gift; therefore, having acceptance. Another definition of acceptance has to do with positive welcome and belonging, favor, and endorsement. One approves of something. For instance, one can like someone and accept them due to their approval of that person. Another description is that acceptance can be an act of believing or assenting. The definition overlaps with ''tole ...
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