Tendering Processes In Private Partnerships

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

Tendering Processes In Private Partnerships

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Tendering Processes In Private Partnerships

0 Download7 Pages / 1,645 Words

Discuss about the Tendering Processes in Private Partnerships.

In Australia, the contract is governed by the Contract law and to certain extent, employment law. The term contract denotes an agreement that is enforceable by law. Certain essentials are to be fulfilled regarding the contract. There should be certain offer and acceptance regarding the contractual subject, there must be certain intentions of the party to bind themselves with the legal formalities. There should be certain consideration in the contractual agreement and the parties must be competent to make the contract. If these elements are covered by the parties, there must be a contract exists in between them.
Offer is one of the main criteria regarding the contract. Offer consists of certain promises to do a particular job. When an offer is made, it is presumed that there is consent of the person who made it[4]. There should not be any ambiguity regarding the conditions of the offer. There is a rule regarding the revocation of the offer. It can be upheld by the offeror at any time until the offer is accepted by another person to whom the offer is made. Offer can also be revoked if the contractual time is lapsed[5].
Offer sometimes mistranslated with the invitation to treat. Invitation to treat is an interest regarding certain thing where the person making it has a will to invite others to make an offer. Advertisement, auction and the tender are fall in such category. In Patridge v Crittenden [1968] 2 All ER 421, it was held that the term “For Sale” is not an offer, it is merely an advertisement and fall under the criteria of invitation to treat.
When any party shows his interest regarding the offer and wanted to bind himself is to be called that he has accepted the offer[6]. When an offer is accepted, there is an agreement taken place. Acceptance can be made in written version or verbally or by the conduct of the person who accepted the same. If an offer is accepted, the parties are become legally bounded by each other. In Carlill v Carbolic Smoke Ball Co, it was held by the court that an offer regarding the smoke ball has been made by the company and Mrs. Carlill had accepted the same. Therefore, if there is any breach made regarding the offer, Mrs. Carlill has every right to claim damage from the company.
Another condition of the contract is that there must be certain legal relation exists between the parties. In Balfour v Balfour [1919] 2 KB 571, it was held by the court that family agreement is like domestic agreement and there is no intention of them to be legally bound on the parties. Therefore, that cannot be stated as contract. In Wakeling v Ripley [1951] 51 SR NSW 183, it was held that issues regarding the will of a property are serious in nature and there are possibilities to bind the parties legally. Therefore, if there is any agreement regarding the will is made, that can be considered as a contract.
There are certain circumstances, where an offer can be revoked or terminated. The common rule regarding the same is that an offer can be resolved at any time before the acceptance. The offer can be revoked even after a date has been fixed regarding the offer. In Hyde v Wrench, it was held by the court of Australia that if the person to whom the offer has been made, rejects the same, the offer will be terminated.
Consideration is also playing an important role in this case. If there is no mention about the stipulated price of the contracting subject in the offer, then the offer could be vague in nature. If the offer becomes vague, it will fail to meet the criteria of contract and no contract will exist in between the parties. Therefore, there should be certain consideration mentioned in the offer.
In the present case, Taylor had made an offer regarding the honing machine. Luke was interested in the said offer. Taylor has fixed a date for inspecting the machine and Luke has decided to inspect the machine on the fixed date[7]. There are certain strong points have been pointed out in this case. The offer made by Taylor, on certain circumstances, misinterpreted with invitation to contract. However, certain facts should be considered regarding the same. It is clear from the case that Taylor has a wish to be legally bound with Luke regarding the honing machine. The conditions of the statements of Taylor were clear in nature[8]. Therefore, it can be stated that the statement made by Taylor is an offer in nature. There is no express statement regarding the issue that Luke has accepted the offer, but there is a provision that he was interested regarding the offer. It is to be decided that whether the interest can be treated as acceptance to the offer or not.
If there is an intention of the parties to be bind themselves with certain conditions, it can be stated that the offer has been accepted by the other party. Offer must be communicated properly by the person who is accepted the offer[9]. It has been stated clear in the problem that Luke has an interest over the facts stated by Taylor and he has revealed his interest to Taylor. Therefore, an intention regarding the offer by Luke can be seen. Under the law of acceptance, it is stated that the acceptance can be made vocally or by way of conduct. In this case, Taylor had fixed a date for the examination of the machine and Luke was showed his interest regarding the same and even took steps regarding the same by appointing an expert to examine the machine. Therefore, it is clear that Luke, by conduct, accepted the offer made by Taylor. Therefore, a contractual agreement is made in between them.
The offer made by Taylor is being supported by certain consideration regarding the honing machine[10]. It is stated in the case that Taylor shows his interest regarding the selling of the machine if Luke can pay him $375000 for the machine. Therefore, it can be stated that the offer made by Taylor has met the conditions of the contract. It is of no importance whether the price is appropriate or not. It is enough that certain consideration has been made by the offer.
Therefore, the elements of offer, acceptance, and consideration have been fulfilled. Now it is to be seen whether there is any legal relationship has been made in between the parties. As per the principle stated in Carlill v Carbon Smoke Ball, it can be stated that when an offer has been made by a party and the same is accepted by other, there is a contract made in between them and they will be bind legally. In the present case also, there is an offer is made by Taylor and the same was accepted by Luke. Therefore, from the essence of the above named case, it can be stated that contract has been made in between the parties and they became legally bound to each other.
In this case, a dilemma arose when Taylor had changed his mind regarding the selling of the product to Luke. The provisions of the termination contract will be applied here. It has been mentioned that an offer can be revoked even if a date is fixed over the issue. However, the common rule regarding the same is that an offer can be terminated at any time but the termination should be placed before the acceptance of the offer. In this case, Taylor had decided to cancel the offer after the offer was accepted by Luke. Therefore, it can be stated that Taylor has no right to revoke the offer at this particular stage[11].
Therefore, from the above mentioned facts it can be stated that the criteria of the case is based on the contract law. The provisions of the contract is discussed here and it can be stated that the essentials of the case is attracting the criteria of the valid contract and based on the facts stated herein and principles of the cases laid down, the case can be concluded with the fact that there is a contract exists in between Taylor and Luke. Therefore, it can be stated that Taylor is bind by law to sell the machine to Luke.
Cartwright, John. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing, 2016.
Gul, F. A., et al. “Factors influencing choice of discipline of study—Accountancy, engineering, law and medicine.” Accounting & Finance 29.2 (2015): 93-101.
Joseph, Pauline, and Pauline Joseph. “Australian motor sport enthusiasts’ leisure information behaviour.” Journal of Documentation 72.6 (2016): 1078-1113.
Liu, Tingting, Yan Wang, and Suzanne Wilkinson. “Identifying critical factors affecting the effectiveness and efficiency of tendering processes in Public–Private Partnerships (PPPs): A comparative analysis of Australia and China.” International Journal of Project Management 34.4 (2016): 701-716.
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.
Ndekugri, Issaka, and Michael Rycroft. JCT98 Building Contract: Law and Administration. Routledge, 2014.
Poole, Jill. Textbook on contract law. Oxford University Press, 2016.
Scott, Geoff, and K. Warren Yates. “Using successful graduates to improve the quality of undergraduate engineering programmes.” European journal of engineering education 27.4 (2013): 363-378.
Takeuchi, Kazuo, and Peer Pfeilmaier. “Anti-combustion deposit fuel development for 2009 Toyota Formula One racing engine.” 15. Internationales Stuttgarter Symposium. Springer Vieweg, Wiesbaden, 2015.
Watts, Ronald L. “Comparing Federal Political Systems.” Understanding Federalism and Federation (2015): 11.
Wilson, John, and Kieran Pender. “Employment law: Terminating employment: Pornography, policies, and procedural fairness.” Ethos: Official Publication of the Law Society of the Australian Capital Territory 242 (2016): 28.
Wright, Ted, M. P. Ellinghaus, and D. Kelly. “A Draft Australian Law of Contract.” (2014).

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 7 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2018). Tendering Processes In Private Partnerships. Retrieved from https://myassignmenthelp.com/free-samples/tendering-processes-in-private-partnerships.

“Tendering Processes In Private Partnerships.” My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/tendering-processes-in-private-partnerships.

My Assignment Help (2018) Tendering Processes In Private Partnerships [Online]. Available from: https://myassignmenthelp.com/free-samples/tendering-processes-in-private-partnerships[Accessed 19 December 2021].

My Assignment Help. ‘Tendering Processes In Private Partnerships’ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Tendering Processes In Private Partnerships [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/tendering-processes-in-private-partnerships.

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



MyAssignmenthelp.com is the only dissertation service provider in Australia that provides cheap dissertation help while maintaining all quality standards. Hence, students, from various Australian cities prefer taking dissertation help from us. Sydney, Brisbane, Perth and Melbourne rank to when it comes to availing dissertation writing assistance from MyAssignmenthelp.com. Our dissertation writers, editors and experts work together to provide students highest quality dissertation help solutions. buy dissertation online from to acquire the final degree without any hassle.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

11174 Introduction To Management

Free Samples 11174 Introduction To Management .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} 11174 Introduction

Read More »