PC (New Zealand) The claimant sought damages arising from the defendant’s management of a bidding process. It had submitted the lowest tender, but that had been rejected. The tender document allowed rejection of the lowest bid.
Held: The findings of fact justify a conclusion that there was a breach of the express or implied terms of the preliminary procedural contract at either of the tender rounds. They also agree with the Court of Appeal that even if there was such a breach in the first round, it would have had no causative effect on Pratt’s failure to obtain the contract.
Judges:
Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe
Citations:
[2003] UKPC 83
Links:
Commonwealth, Contract
Updated: 08 June 2022; Ref: scu.188446
