BLACKPOOL AND FLYDE AERO CLUB LTD V BLACKPOOL BOROUGH COUNCIL [1990] 3 ALL ER 25
Court of Appeal (UK) – 25 May 1990
FACTS
The council operated an airport and decided to request tenders for a concession to operate pleasure flights from an airport.
Invitations to tender were sent to selected parties connected with the airport. Only three chose to tender.
The Invitation to Tender required tenders to be submitted by 12 noon on 17 March 1983. The Plaintiff’s tender was placed in the tender box at 11 am 17 March. The Tender box was not properly cleared by Council staff. As a result, the tender was recorded as being received late and was not considered. The Plaintiff sought damages for breach of contract, contending that there was a warranty that if the tender was received by the deadline it would be considered.
The trial judge held that an express request for a tender might in appropriate circumstances give rise to an implied obligation to consider that tender. The Council appealed to the court of appeal.
ISSUES
Could an express request for tenders give rise to an implied contractual obligation for the party calling tenders to consider tenders duly received.
…
