Tenders

Question 1

Tenders

R v Ron Engineering

Answer 1

Establishes protections of bidding proccess
Call for tenders = Offer of unilateral contract a
Acceptance occurs through submitting a bit
Everyone who submits a bit is accepting unilateral contract a, and offering bilateral contract b
offerer of contact a considers offers for contract b
Tenderer may submit further bids overiding previous until closing time

Question 2

Tender

MJB Enterprises Ltd v Defense Construction

Answer 2

Canadian pacific hotels establishes implied obligation is based on the intentions of the parties.
1) obvious
2) Business efficacy (Makes business sense)

There is an implied obligation to only accept compliant bids. accepting non compliant breached contract a with others
Express terms examined before implied

Question 3

Tender

Double N Earthmovers

Answer 3

Authority for waiving trivial components as long as it doesnt cause unfairness.
Tenderer is compliant in contract if they are deceived. - no implied obligation to investigate. Can negotiate terms after contract b is chosen.
Bids must be materially compoiant.

Question 4

Tender

Martel v SCC

Answer 4

There is a duty to treat bids fairly.