A referential bid is a bid or tender for the purchase or supply of goods or services whose value is stated by reference to the bids or tenders received from competitors (if any), e.g. "such a sum as will exceed by £200 the amount ... offered ... by any other proposing purchaser". [1] Case law in various jurisdictions (see below) has generally ruled that referential bids frustrate the purpose of sealed competitive bidding and are therefore unfair. [2]
Case law
- South Hetton Coal Co v Haswell Shotton and Easington Coal and Coke Co., [1898] 1 Ch 465 ( England and Wales)
- SSI Investors Ltd. v. Korea Tungsten Mining Co. Ltd., [1982] 449 NYS 2d173 ( New York Court of Appeals) [2]
- Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd., [1986] AC 207, [1985] UKHL 16, [1986] 1 AC 207 ( England and Wales)
- Smart Telecom PLC trading as Smart Telecom v Raidió Teilifís Éireann and by order Glanbia PLC, [2006] No 1865 P, 26 May 2006 ( High Court of Ireland) [3]
References
- ^ South Hetton Coal Co v Haswell Shotton and Easington Coal and Coke Co [1898] 1 Ch 465
- ^ a b Justia US Law, SSI Investors Ltd. v. Korea Tungsten Mining Co. Ltd., accessed 21 December 2018
- ^ Smart Telecom PLC trading as Smart Telecom v Raidió Teilifís Éireann and by order Glanbia PLC, accessed 6 December 2018
 | This law-related article is a stub. You can help Wikipedia by expanding it. |
A referential bid is a bid or tender for the purchase or supply of goods or services whose value is stated by reference to the bids or tenders received from competitors (if any), e.g. "such a sum as will exceed by £200 the amount ... offered ... by any other proposing purchaser". [1] Case law in various jurisdictions (see below) has generally ruled that referential bids frustrate the purpose of sealed competitive bidding and are therefore unfair. [2]
Case law
- South Hetton Coal Co v Haswell Shotton and Easington Coal and Coke Co., [1898] 1 Ch 465 ( England and Wales)
- SSI Investors Ltd. v. Korea Tungsten Mining Co. Ltd., [1982] 449 NYS 2d173 ( New York Court of Appeals) [2]
- Harvela Investments Ltd v Royal Trust of Canada (CI) Ltd., [1986] AC 207, [1985] UKHL 16, [1986] 1 AC 207 ( England and Wales)
- Smart Telecom PLC trading as Smart Telecom v Raidió Teilifís Éireann and by order Glanbia PLC, [2006] No 1865 P, 26 May 2006 ( High Court of Ireland) [3]
References
- ^ South Hetton Coal Co v Haswell Shotton and Easington Coal and Coke Co [1898] 1 Ch 465
- ^ a b Justia US Law, SSI Investors Ltd. v. Korea Tungsten Mining Co. Ltd., accessed 21 December 2018
- ^ Smart Telecom PLC trading as Smart Telecom v Raidió Teilifís Éireann and by order Glanbia PLC, accessed 6 December 2018
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