n IMIESA - Fraudulent tender processes : claiming damages : legislation




Extracted from text ... Fraudulent tender processes Claiming damages by Dawie Malan Is there any legal recourse if your company is the most suitable or eligible bidder in a tender process, but is unsuccessful as a result of a fraudulent tender process? The Supreme Court of Appeal recently ruled on a claim for damages arising out of a fraudulent tender process, which has dramatically changed outdated views concerning the calculation of damages - depending on whether it flows from contract or delict. The court was required to determine whether a prospective loss of profit suffered by a party in a fraudulent tender process ..


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