... A tender normally amounts simply to an invitation to treat. A person making it will be free to accept or reject any other responses. As illustrated in Spencer v Harding. 2 There is no obligation to sell to the highest bidder, or indeed to any bidder at all. The position will be different if the invitation indicates that the highest bidder, or the lowest quotation as appropriate will definitely be accepted. It will then be regarded as an offer in a unilateral contract. The recipients of the invitation will not bound to reply, but if they do, the one who submits the lowest quotation will be entitled to insist that the contract is made with them.3 A similar situation arose in the case Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council. 4 An invitation to treat is where negotiations, which lead up to the formation of a contract which ...

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