Brinkibon Ltd v Stahag Stahl PDF

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Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 Citation Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 Material Facts Facts: After prolonged negotiations for the sale of a quantity of steel bars, the buyers, an English company, sent a telex to Vienna accepting the terms of sale offered by the sellers, an Austrian company. The contract was not performed and the buyers wished to sue the sellers but the sellers objected saying that the English court had no jurisdiction over an Austrian company. Issues Is Telex considered under the postal acceptance rule?

Reasoning The appeal was dismissed and the courts held that the contract was formed in Austria and the breach of contract would have to go through Austrian courts. As the communication of acceptance was received by Telex in Vienna, this was when the contract was created. Instaneous communication.

Ratio In cases of instantaneous communication, the contract is only complete when the acceptance is received by the offeror and the contract is made at the place where the acceptance is received....