Facts
- Harding issued a call for tenders, with a 7 day submission window
- Harding accepted a tender on the first day of the window
- Spencer submitted a better tender within the window but after a ‘winning’ tender had been accepted on the first day
Issue
- Was a call for tenders capable of being a contractual offer to sell to the highest bidder
Decision
- No offer, simply an invitation to treat
Reasoning
- A call for tenders is an invitation to treat, and is not a contractual offer
- The defendant did not need to sell to the highest bidder, other factors may have been involved
