Tenax Steamship Co v Owners of the Motor Vessel Brimnes [1974] EWCA Civ 15 is an English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

 case on agreement

Agreement in English law

In English contract law, an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is offer and acceptance consideration an intention to be legally bound....

. It decided that communication of withdrawal of an offer by telex is effective when it could be read, rather than when it is in fact read.

Facts

Tenax Steamship hired The Brimnes from the Owners. The charterparty said payment was to be monthly in advance "in New York in cash" and the owners had a right to withdraw if payment was not punctual. They sent a notice by telex on 2 April 1970 saying they were withdrawing because of late payment. One of the questions on appeal was when exactly the withdrawal took place.

Judgment

The Court of Appeal held that it took place when it was received in the charterers office, not when it was read. Accepting the submissions of Goff QC

Robert Goff, Baron Goff of Chieveley

Robert Lionel Archibald Goff, Baron Goff of Chieveley PC DCL FBA is a retired British Judge.Lord Goff, High Steward of the University of Oxford, retired in 1998 as Senior Law Lord after more than a decade as a Lord of Appeal in Ordinary in the House of Lords...

, Edmund-Davies LJ said this in the course of his judgment.