TENDEES 97 



occurred owing to bad weather, and it was held that the 

 guardians were entitled to recover for breach of contract. A 

 numerical mistake in a tender may also be attended with 

 serious consequences. Thus, in a recent Scotch case, a man 

 offered to execute certain work for a lump sum of 859. He 

 subsequently found that, owing to an error in calculation, the 

 offer ought to have been to do the work for 826 more. It 

 was held that he could not be released from his contract 

 (Seaton Brick Co. v. Mitchell, 1900, 11 F. (5th Ser.) 550). 

 For further examples of the consequences of mistakes, see 

 Chap. VI., 19, ante. A mistake in a tender will not justify 

 the contractor in withdrawing it (see 12, post). 



9. Effect of a tender. A tender implies that the con- 

 tractor is willing to do the work for a certain sum, and it is 

 none the less valid because it is headed by the word " estimate." 

 Where a firm of builders, in answer to a letter asking for a 

 tender, wrote : " Estimate. Our estimate to carry out the 

 sundry alterations to the above premises according to the 

 drawings and specifications amounts to the sum of 1,230," 

 the Court held this was a firm offer by which they must 

 abide. (Croshaw v. Pritchard, 1899, 16 T. L. R. 45 ; also 

 noted, Chap. VI., 15 (d), ante.) 



10. Tenders for uncertain quantities. In the carrying out 

 of large works employers sometimes invite tenders for the 

 supply of material, the amount of which cannot be ascertained 

 beforehand. In one case the Admiralty sought tenders for 

 stone " in such quantities and at such times as may be 

 required by the Admiralty." A firm of contractors stated 

 that they could supply 2,000,000 tons, but in accepting this 

 offer the Admiralty specified no quantity. It was held that 

 they were not under any obligation to take any particular 

 quantity. (Attorney-General v. Stewards <& Co., 1901, 18 

 T. L. E. 130.) 



11. Withdrawal of a tender. Suppose A. on January 1st, 

 1906, invites tenders for the installation of a certain plant ; 

 B. makes a tender in which he undertakes to do the work 

 for 1,000. Has A. the right to call upon B. to fulfil his 

 tender at any time? Has B. any right to withdraw his 

 tender ? In the case suggested we must regard B. as a person 

 who has made an offer. 



L.A.E. H 



