Jersey Judgment

Cooke v Mold [2010] JLR 193 (14 May 2010)

Land Law Contract Law Invitation to Treat Tender Process Referential Bids Vendor Discretion

Citation: [2010] JLR 193
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

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Source document

Holding and result

An invitation to tender for property, where the vendor is not obliged to accept the highest or any bid, is an invitation to treat and not an offer; the vendor retains complete discretion and may accept referential bids.

Court disposition

claim dismissed

Material facts

Parties

Cooke

Applicant

Mold

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether an invitation to tender for the purchase of property constitutes an offer or an invitation to treat
02
Whether the vendor is obliged to accept the highest or any bid
03
Whether referential bids may be accepted by the vendor

Party arguments

Applicant: The applicant contended that the invitation to tender constituted an offer and that the highest bid should be accepted.
Respondent: The respondent argued that the invitation to tender was merely an invitation to treat, giving the vendor discretion to accept any bid, including referential bids.

Court’s reasoning

Legal principles

01
Cooke v Mold [2010] JLR 193

An invitation to tender for the purchase of property on the basis that the vendor is not obliged to accept the highest or any bid is an invitation to treat, not an offer.
02
Cooke v Mold [2010] JLR 193

The vendor has complete discretion and may accept a referential bid.

Ratio, limits and disposition

Ratio decidendi

An invitation to tender for property, where the vendor is not obliged to accept the highest or any bid, is an invitation to treat and not an offer; the vendor retains complete discretion and may accept referential bids.

Court disposition

claim dismissed

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2010] JLR 193

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Cooke v Mold [2010] JLR 193

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