Brinkibon v Stahag Stahl – 1983

January 08, 2024
Micheal James

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Case Summary:

Brinkibon v Stahag Stahl (1983) is a landmark English contract law case that revolves around the formation of a contract through modern communication methods, specifically telex. It clarifies the crucial concept of place of contract formation and its implications for determining which legal jurisdiction applies in international disputes.

Facts of the Case:

  • Brinkibon Ltd, a London-based company, wanted to buy steel from Stahag Stahl, an Austrian company.
  • The negotiation happened solely through telex exchanges, with Brinkibon’s acceptance sent from London to Vienna.
  • When Stahag failed to deliver the steel, Brinkibon sued them in England. However, Stahag argued that the contract was formed in Austria and English courts lacked jurisdiction.


  • Where was the contract formed – in England upon acceptance or in Austria upon receipt of acceptance?
  • Does the traditional “postal rule” (acceptance takes effect when posted) apply to communication via telex, a faster and more immediate technology?
  • Which legal jurisdiction should govern the resolution of the dispute: England or Austria?


The House of Lords, by a majority decision, ruled in favor of Stahag Stahl. They held that:

  • The traditional postal rule, despite its general applicability, was not appropriate for instant communication methods like telex.
  • The contract was formed upon receipt of acceptance in Vienna, making Austrian law applicable.
  • The location of acceptance, not the sender’s location, determines the place of contract formation when faster communication methods are used.

Significance of the Case:

Brinkibon v Stahag Stahl established a precedent for contract formation in the age of rapid technological communication. It:

  • Highlighted the limitations of the postal rule in modern electronic communication contexts.
  • Emphasized the importance of the place of receipt of acceptance as the decisive factor in determining the location of contract formation.
  • Introduced a framework for applying established legal principles to evolving communication technologies.

Elements of Contract Formation:

For a valid contract to exist, certain elements must be present:

  • Offer: A clear and unambiguous offer to enter into a binding agreement.
  • Acceptance: A clear and unconditional acceptance of the offer by the other party.
  • Consideration: Something of value exchanged between the parties (goods, services, money).
  • Intention to Create Legal Relations: Both parties must intend to be legally bound by the agreement.

Applying Brinkibon v Stahag Stahl to Other Cases:

This case has shaped subsequent judicial decisions regarding contract formation in various technological contexts:

  • Electronic mail (email): Applying similar principles, courts consider the time of receipt of an email’s acceptance for determining the place of contract formation.
  • Instant messaging: Legal interpretations surrounding instant messaging agreements often draw parallels to the considerations for telex-based contracts.


Brinkibon v Stahag Stahl remains a vital reference point in international contract law, guiding parties and courts in navigating the legal intricacies of agreements formed through modern communication technologies. It emphasizes the need for flexible interpretations of legal principles to adapt to evolving technological landscapes and ensure clarity and fairness in commercial transactions across borders.

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