. In today's world, contracts can be made through these means of communication. · Instantaneous communication could be argued to differ from using the post, for which the postal rule is applicable. · In relation to acceptance made using instantaneous communication, it is crucial to determine when and where the acceptance becomes effective. · Starting point of the law in this area. · Dealt with communication by telex. . The issue was where the acceptance took place. . Lord Denning- held acceptance by telex took place where it was received, and not where it was sent. . An extension of the postal rule was rejected. · Are all instantaneous communication similar? . Should the same rules apply to all? . Are fax and emails not analogous to post? They can sit unread for sometime after delivery. . Issues become more pertinent when the question is when (ie time) the communication of acceptance is deemed effective. . Lord Denning- analogy of aeroplane distorting a contract conversation across a river. . For a fax, if there are problems in delivery, it should be noticed and communicated. . However, for emails, there may be no indication of problems in delivery on the part of the recipient. . How about when communication is sent out of office hours? Or when recipient is unavailable to notice? . Was the decision in Entores based more upon what was reasonable to expect in a business context, than on a proper evaluation of the similarity/dissimilarity between modes of instantaneous communication and the post? . Some of these decisions can only be made based on practicality- Apple Corps Ltd v Apple Computer Inc [2004] EWHC 768. • Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc [2013] EWHC 2968 A contract resulting from complex negotiations can be held to be formed in two places at the same time. . Note that Entores dealt with the place where contract was made and not the time. . The case provides no direct authority as regards the time when a telex acceptance is effective. . The postal rule is not applicable, because the Entores principle requires the acceptance to have arrived at the offeror's address for it to be effective. · Should acceptance be effective when actually read by offeror? · Should acceptance be effective when read by offeror's agent, e.g an employee? · Should acceptance be effective when it is received in the machine, and not yet read?
· Should acceptance be effective when the offeree/acceptor can reasonably expect it to have been read? . The communication was not an acceptance, but a notice of the withdrawal of a ship from a charter party. . It was held to be effective when it was received on the charterers' telex machine during office hours, although it was not read until the next morning.