2. FACTS
Plaintiff- Lilley (L) || Defendant- Doubleday (D)
●D is L’s Agent.
●L instructs D to store goods at D’s warehouse.
●L had insured the goods.
●D however store part of the goods elsewhere
●The goods stored elsewhere were destroyed by fire.
●L lost the benefit of insurance because of change of
place of storage.
●However, there was no negligence on D’s part.
3. ISSUE
The plaintiff contended that value of goods
should be recovered by him as there was
breach of contract
The defendant argued that there was no
negligence on his part.
Should the defendant pay for the goods’ value?
4. JUDGEMENT
D stored the goods elsewhere without L’s
consent
Although there was no negligence on D’s part,
the loss was a direct consequence of the
fact that he had breached the contract
Any departure from instructions holds agent
absolutely liable.
D was liable to pay.
6. FACTS
Entores was a London-based trading
company.
It sent an offer by telex for the purchase of
copper cathodes from a company based in
Amsterdam.
The Dutch company sent an acceptance by
telex.
The contract was not fulfilled and so Entores
attempted to sue the owner of the Dutch
company for damages.
7. FACTS
The controlling company, Miles Far East
Corporation, was based in the UK and under
English law, Entores could only bring the action
in the UK (serve notice of writ outside the
jurisdiction) if it could prove that the contract
was formed within the jurisdiction, i.e. in
London rather than Amsterdam.
8. ISSUE
Entores later wanted to sue the defendant, the
parent company of the Dutch party.
The question for passing the judgement was,
where was the contract made?
Should the Defendant be sued?
9. JUDGEMENT
The Judge stated, “The contract is only
complete when the acceptance is received by
the offeror”.
the contract in this case was made in London
where the acceptance was received.
Defendant can be sued