''Brinkibon Ltd v Stahag Stahl GmbH''

983 Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...

2 AC 34 is a landmark decision of the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...

on the formation of a contract using modern communication. The Lords largely accepted the earlier leading decision of '' Entores v Miles Far East Co.''

955 Year 955 (Roman numerals, CMLV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * August 10 – Battle of Lechfeld (955), Battle of Lechfeld: King Otto I, H ...

2 QB 327 on acceptance via

telex The telex network is a station-to-station switched network of teleprinters similar to a Public switched telephone network, telephone network, using telegraph-grade connecting circuits for two-way text-based messages. Telex was a major method of ...

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 In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

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 Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of S ...

, however, did not see the rule as applying in all circumstances: Lord Brandon said the following.

References

{{DEFAULTSORT:Brinkibon Ltd V Stahag Stahl Und Stahlwarenhandelsgesellschaft Mbh House of Lords cases English agreement case law Lord Wilberforce cases 1982 in United Kingdom case law

Facts

Judgment

See also

References