Question
The University of Central Australia (UCA) issues a Call for Tenders for the building of a new administration block at its Uluru campus. Clause 22
The University of Central Australia (UCA) issues a Call for Tenders for the building of a new administration block at its Uluru campus. Clause 22 of the call specifies the technical and other requirements that every tender needs to meet. It stipulates in clause 22(f) that 'no tender submission will be considered unless it contains a letter of financial viability provided by a financial institution that is dated no more than 30 days preceding the date of submission'. Sturdy Constructions Pty Ltd (Sturdy) submits its tender on time and complies with all requirements outlined in clause 22. After two weeks, it receives a letter from UCA advising its tender application had been rejected because of a failure to comply with clause 22(f). The Sturdy general manager calls the UCA administration and is advised by a clerk on the telephone: 'Look, it's unlikely we made an error, but the officer in charge of the matter has just gone on maternity leave so we can't check.' The tender was later awarded to another building company. Sturdy want to know on what basis they could take legal action against UCA for breach of contract.
In respect of each of the four transactions above (25 marks each), write a response that addresses the following (provide references):
a) The legal issue (or issues) in the transaction(s) [5 marks]
b) The legal principles you will use to resolve each issue [8 marks]
c) The application of those legal principles to the facts of each issue [8 marks]
d) The concluding advice you would give in respect of each issue [4 marks].
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