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

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

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.

Citation
[2010] JLR 193
Parties
Applicant: Cooke; Respondent: Mold
Jurisdiction
Jersey
Judgment Date
14 May 2010
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Invitation to Treat, Tender Process, Referential Bids, Vendor Discretion
Land Law Contract Law Invitation to Treat Tender Process Referential Bids Vendor Discretion

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Parties

Cooke

Applicant

Mold

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an invitation to tender for the purchase of property constitutes an offer or an invitation to treat
  2. 2 Whether the vendor is obliged to accept the highest or any bid
  3. 3 Whether referential bids may be accepted by the vendor

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