Spencer v Harding
1870 · LR 5 CP 561
Posted By lanbuk.com
- Facts
- The invited tenders for stock. They did not promise to sell to the highest bidder.
- Issue
- Must the person who invites tenders accept the best one?
- Held
- No. The invitation was an . There was no obligation to sell to anyone.
- Principle
- A request for tenders invites offers. It is not itself an offer.
- Why it matters
- It is the general rule. Blackpool shows the exception where the invitation promises that tenders will be considered.
Words and Latin in this note
- Invitation to treat
- A step that invites the other person to make an offer. A shop display, a price in a window, and most advertisements are invitations, not offers. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.