When Tender Acceptance Contradicts the NIT: Supreme Court Defines Limits of Commercial Deference
The Supreme Court has held that although courts ordinarily defer to the commercial wisdom of tendering authorities, such deference does not extend to an interpretation that is contrary to the Notice Inviting Tender or patently arbitrary. The Court held that experience in organising cattle fairs could not be treated as equivalent to experience in collecting user charges or parking fees under the tender conditions.