• Undue advantage of a mistake in a tender when fully explained

Dear Sir
I would like to know the stand of law when it comes to a contractor trying to take undue advantage of a typing mistake in a tender which was fully explained. I want to have legal opinion and some case study of judgment which can support of not taking undue advantage in such cases.
Asked 9 months ago in Business Law

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7 Answers

It is a matter of practice and law that undue advantage has not to be taken. In that case judgement is not necessary. If you require a judgement you need to take a personal consultation and share all the case details to advocate 

Prashant Nayak
Advocate, Mumbai
32714 Answers
208 Consultations

The Supreme Court has held that the Court should not ordinarily interfere in matters relating to tender or contract. A writ court should refrain from imposing its decision over the employer with respect to whether or not to accept the bid of a tenderer, unless something very gross or palpable is pointed out

 

2) 

The courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder"

 

3) a mistake is always un intentional . if it is intentional it ceases to be a mistake 

 

4) a mistake may be corrected before submission  of bids .mistake cannot be corrected after opening of bids 

Ajay Sethi
Advocate, Mumbai
97294 Answers
7859 Consultations

Show tender document and written explanation given by the tender issuing authority. 

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

When it comes to typing mistake, other party cannot take benefit, it being a bonofide mistake. There are catena of judgement to this effect. However, the facts of the case are required to be seen. A better advise can be given if the situation or facts are elaborated. 

Shailesh Thakore
Advocate, Ahmedabad
10 Answers

It is not known what type of clerical error that the contractor is taking undue advantage.

A tendering authority can change, modify or amend the tender document prior to opening of the technical bid.

In general, while there are cases where a bidder who has participated in the tender process can challenge the tender, such challenges are generally limited to objections raised before the closure of bid submission. 

mistake may be unilateral or mutual but it is always unintentional. If it is intentional it ceases to be a mistake.

If the bidder is reported to have committed any error or mistake and if it was not given a serious thought, then the relaxation in favour of one bidder would create justifiable doubts in the minds of other bidders, would impair the rule of transparency and fairness and provide room for manipulation to suit the whims of the State agencies in picking and choosing a bidder for awarding contracts as in the case of distributing bounty or charity.

However you may consult a local lawyer with all papers or revert back with more details if you are really serious to get proper opinions to your query 

T Kalaiselvan
Advocate, Vellore
87496 Answers
2348 Consultations

Dear client, Section 13 of the Indian Contract Act defines consent as the parties' meeting of minds, also known as consensus ad idem which is when two or more people agree on the same things in the same sense. If both of you have accepted the same then it cant be valid when there is mistake in the tender.

Section 16 of Indian contract act deals with undue influence where one can get undue advantage from it. 

You have to rectify the tender with rectification deed.

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

- As per Indian Contract Act, A contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

- You can engage a local lawyer for getting legal opinion. 

Mohammed Shahzad
Advocate, Delhi
14676 Answers
224 Consultations

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