Tender Invitations and Contractual Obligations
Added on 2020-04-13
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CASE ANALYSIS 2Part 3Role of CourtIn this case, the matter was first made before the High Court of Justice where the judge ruled in the favour of the plaintiff. This led to the defendant appealing against this decision in the Court of Appeal. The Court of Appeal was of the view that the invitation was an offer for considering any such tender which had been submitted as per the requirements and the tenders which were correctly submitted had to be deemed as an acceptance of such offer (Andrews, 2015). Thus, the High Court of Justice played the role of deciding upon the matter and the Court of Appeal playedthe role of holding if the ruling given by previous court was right or whether the same had been erred. Court OutcomeIt was held by the Court of Appeal that a unilateral contract was present in this case, whichbound the defendant to consider the tender of the plaintiff. Lord Bingham considered the truthbehind the invitation to tender of the Council, which did not cover, in an explicit manner, that thetender would be considered in time based manner or the conforming tenders. This is the reasonwhy the implications had to be considered. The Council also did no state that it would not bebound by anything for doing anything. This meant that for a reasonable invitee he wouldunderstand that the invitation meant that in case a timely and a proper tender was submitted, itwould be considered, as would be any other such tender. This decision elucidated only a fewnumber of invitations were sent for the tenders in a familiar, clear and orderly manner whichshows that a key part of the reasoning allowed the term to be implied (Bits of Law, 2012).
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