Skip to main content

TENDERS



 A tender is where goods are to be sold or work undertaken, and the person proposing it wants to investigate whether there are people prepared to buy the items or undertake the work.

Tenders are invited which are then considered, and a buyer or a worker chosen from among the tenderers. Some principles emerge, again based on the normal rules of offer and acceptance, but modified to deal with the particular situation of tenders.

Single offer tenders A statement that goods are to be sold by tender is not an offer for sale, and there is no obligation to sell to the person making the highest tender. It is, rather, an enquiry into the viability of a transaction. Spencer v Harding (1870) is an example of a single offer tender, where a sale takes place on one occasion.

Those submitting tenders make offers, from which a tender may be selected and accepted, forming a contract. There is generally no obligation to choose the highest or lowest tender, or to accept any tender at all. Standing offer tenders Where goods or services are required on an ongoing basis, from time to time, as needed, tenders may be invited. 

These again amount to offers, 34 Contract law The main contract (if one is made) is between the highest bidder and the owner of the item, but there is a second contract between the auctioneer and the highest bona fide bidder.

Barry v Davies (2000) The auctioneer withdrew two machines, worth £14,000 each, from a sale advertised ‘without reserve’, refusing to accept a bid of £200 each. The bidder sued on the collateral contract and was awarded damages of £27,600. In an auction without reserve, then, acceptance of the auctioneer’s offer to sell is made by becoming the highest bidder.

The auctioneer is in breach of contract not to sell to that bidder. However, if the sale is cancelled altogether, he can not be sued (see Harris v Nickerson, on page 32). CHAR_C02.QXD 14/9/07 10:36 Page 34 which are known as standing offers.

A tender is selected and then on each occasion when an order is placed this is an acceptance, forming a separate contract. This arose in the following case.

Labels:

Comments

Post a Comment

Popular posts from this blog

BRIEF HISTORY OF COGNITIVE PSYCHOLOGY

Another development in the mid twentieth century with a huge import for the development of cognitive psychology was the opening up of a new field concerned with the possibility of designing and then building computers. Building on earlier work that developed a formal, or mathematical approach to logical reasoning, Claude Shannon in 1938 showed how core aspects of reasoning could be implemented in simple electrical circuits.  In the 1940s, McCulloch and Pitts showed how it was possible to model the behaviour of simple (and idealized) neurons in terms of logic. Taken together, these developments suggested something that at the time seemed extraordinary – that the brain’s activity could, at least in principle, be implemented by simple electrical circuits. In parallel with these developments, the 1930s and 1940s saw pioneering theoretical developments in computation and information processing.  Turing, in 1936, developed an abstract specification for a machine (a Turing mach...
Post a Comment
Read more

A BRIEF HISTORY OF COGNITIVE PSYCHOLOGY

A brief history of cognitive psychology Cognitive psychology did not begin at any one defining moment, and there are many antecedents to its evolution as a branch of enquiry.  In this section we will briefly sketch some of those antecedents and try to indicate how and why they resulted in the development of what today we call cognitive psychology. However, all written history is necessarily selective and simplified, and a historical account as brief as the one we are about to give must be especially so. We start with introspectionism. INTROSPECTIONISM: Modern experimental psychology has its roots in the work conducted in Europe in the mid nineteenth century by such people as Donders, Fechner, Helmholtz and Mach. When Wundt established the first dedicated psychology laboratory in Liepzig in 1879, he sought to build upon the efforts of these pioneers. He took consciousness to be the proper subject matter of psychology. According to Wundt, physical scientists study t...
Post a Comment
Read more