Tender – NBC Institute

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

Question

a) The Krachi Assembly having an Airport in its locality grants a single concession to operaters for pleasure flight from the airport. For a period of ten years that licence had been held by the Njoku club. When the concession came up for renewal, the Assembly decided to invite competitive tenders for it. Tenders were to be submitted by 12:00 pm on a given day. The Assembly’s, letter box was not cleared between the time of the club posting its tender and the closing time for the bids, with the result that the club’s tender was not considered.

The club claimed that the Assembly was in breach of a contract as it has not considered all tenders received before the deadline.

Required:

The Njoku club, in the case above, claimed that the Assembly was in breach of a contract for not considering all tenders received before the deadline. Explain. (5 marks)

Answer

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Tags: Breach of Contract, Contract Formation, Invitation to Treat, Tender
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

Question

A Company known as Asempa Quarry Ltd, invited tenders for the supply of 2000 bulldozers to be delivered within seven months. Maxwell put in a tender intimating that he is prepared to supply the bulldozers at fifty thousand Ghana Cedis (GH¢50,000.00). The company accepted the tender by a letter, and subsequently gave various orders which were executed by Maxwell. The Director of Finance claims there is no valid agreement to support the payments.

Required:
i) State briefly the legal effect of the company’s actions.

(6 marks)

ii) The maxim “Caveat Emptor” and “Caveat Venditor” sound a note of caution to contracting parties.
State THREE (3) things that are required of a wary contracting party. (6 marks)

Answer

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Tags: Acceptance, Contract Law, Legal Agreement, Tender
Level: Level 1

Topic: Contract Law
Series: NOV 2020

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

Question

Rabina Construction Ltd purchased Tender Document from Adagya District Assembly to tender for contracts advertised by the assembly. However, in the process of preparing to submit the tender, Adagya District Assembly cancelled the procurement process before the deadline for submission of the tender. Rabina Construction, therefore, feels disappointed since it has incurred some cost in trying to respond to the tender and intends to take legal action against the assembly. Rabina Construction is therefore seeking your opinion on whether the assembly has the right to such action.

Required:
i) Determine whether Adagya District Assembly has the right to cancel the procurement process when it is still in progress?
(1 mark)

ii) Explain FOUR (4) conditions under which such right could be exercised or otherwise.
(6 marks)

Answer

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Tags: Legal Rights, Procurement Process, Public Procurement Act, Tender
Level: Level 2

Topic: Public Procurement
Series: NOV 2021

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

Question

The club claimed that the Assembly was in breach of a contract as it has not considered all tenders received before the deadline.

Required:

The Njoku club, in the case above, claimed that the Assembly was in breach of a contract for not considering all tenders received before the deadline. Explain. (5 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Breach of Contract, Contract Formation, Invitation to Treat, Tender
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

Question

Required:
i) State briefly the legal effect of the company’s actions.

(6 marks)

ii) The maxim “Caveat Emptor” and “Caveat Venditor” sound a note of caution to contracting parties.
State THREE (3) things that are required of a wary contracting party. (6 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Acceptance, Contract Law, Legal Agreement, Tender
Level: Level 1

Topic: Contract Law
Series: NOV 2020

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

Question

Required:
i) Determine whether Adagya District Assembly has the right to cancel the procurement process when it is still in progress?
(1 mark)

ii) Explain FOUR (4) conditions under which such right could be exercised or otherwise.
(6 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Legal Rights, Procurement Process, Public Procurement Act, Tender
Level: Level 2

Topic: Public Procurement
Series: NOV 2021

Question Tag: Tender

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BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

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BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

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BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

You're reporting an error for "BCL – Nov 2020 – L1 – Q4b – Contract Law"

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

You're reporting an error for "PSAF – Nov 2021 – L2 – Q4a – Public Procurement"

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

You're reporting an error for "BCL – Apr 2022 – L1 – Q5a – Contract Law"

BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

You're reporting an error for "BCL – Nov 2020 – L1 – Q4b – Contract Law"

PSAF – Nov 2021 – L2 – Q4a – Public Procurement

Determine if a district assembly can cancel a procurement process and explain the conditions under which such a cancellation is allowed.

You're reporting an error for "PSAF – Nov 2021 – L2 – Q4a – Public Procurement"

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