Department Of Private And Law History

Department Of Private And Law History

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Department Of Private And Law History

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Department Of Private And Law History

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In 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 played the role of holding if the ruling given by previous court was right or whether the same had been erred.
It was held by the Court of Appeal that a unilateral contract was present in this case, which bound the defendant to consider the tender of the plaintiff. Lord Bingham considered the truth behind the invitation to tender of the Council, which did not cover, in an explicit manner, that the tender would be considered in time based manner or the conforming tenders. This is the reason why the implications had to be considered. The Council also did no state that it would not be bound by anything for doing anything. This meant that for a reasonable invitee he would understand that the invitation meant that in case a timely and a proper tender was submitted, it would be considered, as would be any other such tender. This decision elucidated only a few number of invitations were sent for the tenders in a familiar, clear and orderly manner which shows that a key part of the reasoning allowed the term to be implied (Bits of Law, 2012).
Thus, the case of Blackpool & Flyde Aero Club v Blackpool Borough Council raised the question before the court on whether the claims of plaintiff regarding a claim for breach of implied promise by the defendant regarding time base tender not having been considered, had to be upheld or not (Poole, 2016). The claim was ultimately upheld due to the factors considered by the court.
To put it more clearly, there are some situations where an invitation to tender could result in binding contractual obligations for the invitor, with regards to considering the tenders which fulfilled the tender conditions (Swarb, 2017). As the tenders had been requested by the defendant from certain selected parties, where all of these parties were known to the invitor, i.e., the defendant, and the invitation of the defendant for tendering the stipulated clear, familiar and orderly procedure, where the draft contract conditions were included and available for inspection, though these were not open for negotiations, a stipulated common tender form, an absolute deadline and the supply of the envelopes which were formed for preserving the anonymity of the tenderers in an absolute manner, implied that where the invite submitted the tender in the stated manner before the stated deadline, the tender sending party would have the right, as a contractual right, for getting the tender opened up and also considered with the their tenders which had been submitted in a timely manner and as per the prescribed conditions. As a result of this, the Court of Appeal dismissed the appeal of the defendant in this case (Department of Private Law and Law History, 2017).
This decision remains controversial even till date as it fails to give clarity on exactly when a particular invitation for tender could be subjected to implied terms. Hence, when any person calls for a tender, they need to clearly state the terms on which the tenders would be considered. Where there is a lack of express conditions, the Courts would continue to have the power of implying a duty on the person who requested for the tender, to consider the tenders submitted before them. This gives the right to the tenderers to get their tenders considered when they are made in a time based manner and also fulfil the conditions which are put by the tender inviting person (Doyles Construction Lawyers, 2015).
Andrews, N. (2015) Contract Law. 2nd ed. UK: Cambridge University Press
Bits of Law. (2012) Offer: Tenders. [Online] Bits of Law. Available from: [Accessed on: 16/11/17]
Department of Private Law and Law History. (2017) Blackpool And Fylde Aero Club Ltd V Blackpool Borough Council. [Online] Università Degli Studi Di Milano. Available from: [Accessed on: 16/11/17]
Doyles Construction Lawyers. (2015) Blackpool And Fylde Aero Club Ltd V Blackpool Borough Council. [Online] Doyles Construction Lawyers. Available from: [Accessed on: 16/11/17]
Poole, J. (2016) Textbook on Contract Law. 13th ed. Oxford: Oxford University Press.
Swarb. (2017) Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990. [Online] Swarb. Available from: [Accessed on: 16/11/17]

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