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

COURIER SERVICES SET TO REDUCE TIME AND ANXIETY IN THE COURTS

The legitimate framework in a nation is an extremely bustling one with judges, legal advisors, and court partners dependably in a consistent race against time to meet the due dates.  With their boisterous every day plan, it is related that authoritative archives are gotten or sent on time with customers requesting need and auspiciousness in the meantime.  In the event that there is any postponement or miscommunication at either end, it might constantly prompt further defers which may not fill a definitive need of either party. Legitimate dispatch administrations go for stopping this hole. In reality, this is a splendid business thought for a man who has room schedule-wise to rearrange around and be capable in the meantime. Legitimate dispatch benefit is tied in with conveying or getting archives to and from your customers on time without losing or losing any records all the while.  YOU MAY ALSO: THINGS YOU NEED TO KNOW ABOUT SYSTEM OF EDUCATION IN CANADA ...
Post a Comment
Read more