telex

telex

a mode of electronic communication whereby matter typed into the sending terminal is printed out of the receiving terminal; one of the first forms of new technology to pose a problem for the legal system. Parties can be at their machines as they exchange messages or a message can be sent or received in absence. It was held that where there was instantaneous communication between the offeror and the offeree the formation of a contract between the parties was governed by the general rule that a contract was concluded where and when acceptance of the offer was received by the offeror. Where communication by telex is not instantaneous (as, for example, where the message is sent out of office hours or at night, or by a third party's telex machine), the time and place of the formation of a contract so made by telex can only be resolved by reference to the intentions of the parties, by sound business practice and in some cases by judgment where the risk shall lie, and not by applying a universal rule. See also ELECTRONIC COMMUNICATIONS.