Offer: Tenders

[Flash Card 1 of 1]

Spencer v Harding (1870)

• general rule : request for tenders are invitation to treat / tenders are offers / may be accepted
• Willes J: and we undertake to sell to the highest bidder / may make binding offer

Unilateral contract

• invitation for tenders / may constitute offer / unilateral contract

Blackpool & Fylde Aero Club Ltd v Blackpool Borough Council [1990]

• C's tender / D wrongly thought late & not consider / C sued for breach of implied promise: to consider tender returned on time
• CoA: upheld claim / invitation was offer to consider correctly submitted tender / C's tender acceptance / D breach unilateral contract
• Lord Bingham: can be implied / D no statement not binding to consider / reasonable invitee expect tender considered
• highlighted: only select few invitees / clear, orderly and familiar procedure
• controversial decision / unclear when implied term making invitation an offer to consider tenders

bits of law