Contract Law Problem Question
Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat.’ However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender’ will remain open till; secondly, I infer that the lack of formality in Jack’s proposal indicates Jack’s lack of intention to create legal relations; thirdly, invitations to tender only creates obligations where justice demands it, since it costs a relatively large amount to produce the tender, whereas in......
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Approximate Word Count: 1609
Approximate Pages: 7 (250 words per double-spaced page)
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