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Instantaneous Comm.
| Question | Answer |
|---|---|
| What is the general rule regarding acceptance? | Acceptance occurs when and where it is brought to the offerer's attention. |
| Do instantaneous forms of communication follow the general or postal rule of communication? | General rule |
| Name a case in which acceptance was communicated by teltex when and where received by the offerer? | Entores Ltd v Miles Far East Corporation |
| Can acceptance be complete upon acceptance of the machine? Name a case to illustrate this. | The Brimnes. Yes, a message sent during office hours but not seen until the following morning constituted acceptance. |
| Is acceptance valid when communicated instantaneously after office hours or when problems occur with delivery? | Per Lord Wilberforce in Brinkibon v Stahag Stahl GmbH; no universal rule can apply. It must be decided by reference to intention of the parties, sound business practices etc |
| Name a case in which receipt of a contractual notice was considered to come into effect the next working day if sent outside office hours? | Monidial Shipping and Chartering |
| Name a case in which an email sent outside office hours was considered valid upon acceptance by the machine? | Thomas v BPE Solicitors - individual facts showed the transaction could have been completed that night |
| Is teltex considered instantaneous? | Yes |
| Is fax considered instantaneous? | Yes |
| Is email considered instantaneous? | No as it operates through a service provider. Whether the general rule or traditional rule applies is a moot point. |
| Name a case in which an email was considered accepted although it had not reached the intended recipient? | Bernuth Lines v High Seas Shipping |
| What legislation governs electronic contracts? | Electronic Commerce Directive 2000/31/EC |
| Outline the main points from the Electronic Commerce Directive 2000/31/EC | 1. Electronic contracts have the same legal status as paper. 2. The technical steps of the contract, languages in which it can be signed, if it will be filed by the service provider etc must be in clear terms |
| Article 14 of the Electronic Commerce Directive 2000/31/EC | The service provider must provide receipt of the order without undue delay and electronically. The order is received when the seller can access it |
Created by:
sineadgriffin
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