Case note: Blackpool and Fylde Aero Club v Blackpool Borough Council
CONTENTS PAGE:
Facts of the case.............................................................3
Procedural history...........................................................4
Legal issues in dispute......................................................4
The decision..................................................................3
Analytical Discussion of the implications for the principles of law
regarding offer and acceptance............................................6
Current law in Australia regarding offer and acceptance..............10
Theoretical perspective.....................................................12
Conclusion...................................................................14
Bibliography.................................................................17
Blackpool and Fylde Aero Club v Blackpool Borough Council
Facts of the Case:
The Defendant's, a local council, owned and operated Blackpool Airport, and since 1975 had granted the Plaintiff's club a concession to operate pleasure flights out of the airport . In 1983 when the last concession was to expire, the Council sent out to seven potentially interested parties (including the Plaintiff) an invitation to tender for a three year concession. The invitation was in common form, it stipulated that the Council 'does not bind itself to accept all or any part of any tender' and that all tenders were to be submitted in the envelope provided with the upmost confidentiality in mind. It further stated that any tenders received after the date and time specified would not be considered.
The Plaintiff's posted their tender in accordance with the time specifications and instructions. However because of an oversight the Town Clerk Staff failed to empty the letter box that day and subsequently the Plaintiff's tender was recorded as being too late for consideration.
The Defendant's accepted another tender (lower than the Plaintiff's) and the Club then bought an action against the Council for
Facts of the case.............................................................3
Procedural history...........................................................4
Legal issues in dispute......................................................4
The decision..................................................................3
Analytical Discussion of the implications for the principles of law
regarding offer and acceptance............................................6
Current law in Australia regarding offer and acceptance..............10
Theoretical perspective.....................................................12
Conclusion...................................................................14
Bibliography.................................................................17
Blackpool and Fylde Aero Club v Blackpool Borough Council
Facts of the Case:
The Defendant's, a local council, owned and operated Blackpool Airport, and since 1975 had granted the Plaintiff's club a concession to operate pleasure flights out of the airport . In 1983 when the last concession was to expire, the Council sent out to seven potentially interested parties (including the Plaintiff) an invitation to tender for a three year concession. The invitation was in common form, it stipulated that the Council 'does not bind itself to accept all or any part of any tender' and that all tenders were to be submitted in the envelope provided with the upmost confidentiality in mind. It further stated that any tenders received after the date and time specified would not be considered.
The Plaintiff's posted their tender in accordance with the time specifications and instructions. However because of an oversight the Town Clerk Staff failed to empty the letter box that day and subsequently the Plaintiff's tender was recorded as being too late for consideration.
The Defendant's accepted another tender (lower than the Plaintiff's) and the Club then bought an action against the Council for
Bibliography: BIBLIOGRAPHY Arrowsmith S ' The "Blackpool" implied contract governing public sector tenders: A review in the light of Pratt and other recent case law ' (2004) 5 Public Procurement Law Review 125-131 Chandler A and Brown I 'Intent and Contract Formation ' [1991] Conveyancer and Property Lawyer 149-151 Paterson J, Robertson A and Heffey P, 'The principles of contract law ' (2nd Edition, Lawbook Co, Sydney, 2005) Ch 3