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    Hey,

    I can't seem to find case laws relating to contract breach for e.g. when the offeror accepts a proposal but then goes on to appoint someone else.

    Can anyone help me with finding case laws related to the scenario above?


    Thank you
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    Why on earth did you put this as postgraduate? This is so basic it is an affront to ask other people to answer it for you, especially if you're supposed to be postgrad.
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    (Original post by Notorious_B.I.G.)
    Why on earth did you put this as postgraduate? This is so basic it is an affront to ask other people to answer it for you, especially if you're supposed to be postgrad.
    First of all, I'm not a law student. I study project management, but have to do a
    random law module as part of the course. I understand the content relatively well on it's own, but don't know where to start and apply what's relevant in case law as it is all new to me.
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    (Original post by Ais1)
    First of all, I'm not a law student. I study project management, but have to do a
    random law module as part of the course. I understand the content relatively well on it's own, but don't know where to start and apply what's relevant in case law as it is all new to me.
    Still your question is not very clear. The basic answer is that the innocent party has a right to the benefit of the contract.

    Look on Westlaw for cases, and a potential case might be Blackpool and Fylde v Blackpool BC [1990]. You can see the remedies available in Barry v Heathcote [2000] and Harvela v RTC Canada [1986] -- both auctioning cases, which it seems your scenario concerns although I could be wrong.
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    (Original post by Notorious_B.I.G.)
    Still your question is not very clear. The basic answer is that the innocent party has a right to the benefit of the contract.

    Look on Westlaw for cases, and a potential case might be Blackpool and Fylde v Blackpool BC [1990]. You can see the remedies available in Barry v Heathcote [2000] and Harvela v RTC Canada [1986] -- both auctioning cases, which it seems your scenario concerns although I could be wrong.
    Below is an example to make it clear:
    Lester Hotel placed the following advertisement in the construction press:
    “Tenders requested to design and build a gym centre for our hotel. Our budget is £1 million”

    Delight Developers replied with a detailed proposal costing £1 million.
    After considering the proposal, Lester Hotel telephoned Delight Developers to let
    them know that they had been successful and written confirmation was to follow.
    This letter was not sent. Meanwhile, Cheap Contractors sent a proposal costing £900,000.

    So, after letting Delight Developers know they've been successful they have
    reached an agreement and are in a contract. However, if they decide to appoint
    cheap contractors because their proposal was much cheaper they would be
    breaching the contract with Delight Developers.

    Do you know of any case laws similar to the one above? and thanks for the
    potential cases you've listed. I will check them out.
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    (Original post by Ais1)
    Below is an example to make it clear:
    Lester Hotel placed the following advertisement in the construction press:
    “Tenders requested to design and build a gym centre for our hotel. Our budget is £1 million”

    Delight Developers replied with a detailed proposal costing £1 million.
    After considering the proposal, Lester Hotel telephoned Delight Developers to let
    them know that they had been successful and written confirmation was to follow.
    This letter was not sent. Meanwhile, Cheap Contractors sent a proposal costing £900,000.

    So, after letting Delight Developers know they've been successful they have
    reached an agreement and are in a contract. However, if they decide to appoint
    cheap contractors because their proposal was much cheaper they would be
    breaching the contract with Delight Developers.

    Do you know of any case laws similar to the one above? and thanks for the
    potential cases you've listed. I will check them out.
    It has nothing to do with breach. It is talking about communicating acceptance of an offer in order for a contract to be formed. As the acceptance has not been communicated, the contract does not exist and there are therefore no obligations under it.

    A simple Google will give you the relevant cases for communication of acceptance. My other post was addressing a much more complicated scenario I imagined you were dealing with: disregard.
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    (Original post by Notorious_B.I.G.)
    It has nothing to do with breach. It is talking about communicating acceptance of an offer in order for a contract to be formed. As the acceptance has not been communicated, the contract does not exist and there are therefore no obligations under it.

    A simple Google will give you the relevant cases for communication of acceptance. My other post was addressing a much more complicated scenario I imagined you were dealing with: disregard.

    Ah ok! Thanks for guiding me. Also I have one more question... can Delight
    Developers have rights to remedies against Lester Hotel if they appoint Cheap
    Contractors?
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    (Original post by Ais1)
    Ah ok! Thanks for guiding me. Also I have one more question... can Delight
    Developers have rights to remedies against Lester Hotel if they appoint Cheap
    Contractors?
    No.

    A contract requires:
    offer + acceptance (an offer given and acceptance of that offer communicated)
    consideration
    intention to create legal relations

    Without all those components, there is no legally enforceable agreement. If it not legally enforceable, there is no contractual right of remedy.
 
 
 
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