Blackpool
& Fylde Aeroclub Ltd v Blackpool Borough Council
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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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