This case is concerned with the tenders in the offer and acceptance chapter of contract law
Facts of Blackpool v Blackpool
There was a local airport manged by the defendants. The claimants were a flight club. Defendants had given claimants a license to operate casual flights out of the airport.
This license was to be renewed and the defendants released a tender to claimants and six other companies. On the tender it was clearly written that no tender will be considered if they missed the time and the date deadline.
The Postman forgot to clear the letterbox that day and the claimant’s deadline got missed due to which the defendants accepted a tender and lower price.
The claimants brought a claim against the defendants by saying that they were in a contract with us to consider our tender.
Whether the invitation to submit a tender had created a legally binding contract on defendants to consider their bid?
The court adopted a two contract analysis. A contract was concluded with the party whose tender was accepted but the invitation to tender also amounted to a unilateral offer to consider any tender which was submitted by 12am.
So the claimants made the acceptance when they posted the letter with their bid. As the courts also said that the defendants were under an obligation to consider the tender of claimants because of their past course of dealing.
Pratt contractors v transit new zealand