Friday, December 14, 2012

Blackpool & Fylde Aeroclub Ltd v Blackpool Borough Council case brief

Blackpool & Fylde Aeroclub Ltd v Blackpool Borough Council
F: defendant wrote to P and other inviting tenders, specifying procedures for submitting tenders and fixing a clear deadline of 12 noon on 17 March 1983, after which no tenders would be accepted. P submitted tender to box at 11am on the deadline date. Box was not cleared by staff at noon as should have been therefore the tender was recorded as late. Club sued for breach of an alleged collateral contract that a tender received by the deadline would be considered.
I: is there a breach of contract for not giving a tender any ‘due consideration’?
R: all tenders are entitled to have their tender considered in conjunction with all other conforming tenders or at least that his tender will be considered if others are submitted in conjunction.
A: since P gave the tender in at the correct time but the staff were at fault for checking the box at the wrong time, P’s tender should be considered equally to the other tenders. There is not contractual obligation for the def to take P’s tender, but definitely a duty for D to consider P’s tender.
C: P succeeded.

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