Jane was planning a party in March 2018 to celebrate her husband, Michael’s, 40th birthday. She needed to hire a large marquee and invited four different companies, including Tempting Tents and Cool Canvas, to tender for the business. She stated in the invitation to them that she would accept the lowest tender and that she would not consider tenders from any company other than the four invitees. The deadline for receipt of tenders was 12 noon on 28 January 2018.
Three of the four companies, including Cool Canvas, sent their tenders by post. Jane received them all on 27 January 2018. Cool Canvas’s tender was (at £1,575) the lowest of the three. Tempting Tents faxed their tender, also for £1,575, to Jane at 10.00am on 28 January 2018 but, unnoticed by Jane, the fax machine had been unplugged by her grandson so she only became aware of their tender at 5pm that evening by which time she had already decided to hire from Cool Canvas.
While chopping down saplings in the wood, Michael had lost the gold watch he had been given on his birthday. He was very upset, as the watch had both intrinsic and sentimental value, and put an advertisement in the local newspaper offering a reward of £500.00 for its return. On 30 January 2018, Simon found the watch while walking his dog on the other side of the wood. It must have been picked up and then dropped there by a child or a bird. Simon had not seen the newspaper advertisement but returned it to Michael having seen his name engraved on the back.
On 31 January 2018, Michael fell ill, and Jane had to cancel the party.
(a) Advise Cool Canvas and Tempting Tents who each claim to have a contract with Jane to provide the marquee.
(b) Advise Simon who claims he should be paid the £500 reward.