n IMIESA - Pure economic loss suffered by a tenderer - : legislation

Volume 31, Issue 5
  • ISSN : 0257-1978



Extracted from text ... - IMIESA MAY 2006 The Supreme Court of Appeal (SCA) previously held that administrative failure of the tender process did not give rise to a constitutionally based claim for damages for lost profits. Examples include Olitzki Property Holdings v State Tender Board and another 2001(3) SA 1247 (SCA). On 30 November 2005, the SCA ruled that the same applies to out-of-pocket expenses. The appellant, the liquidator of Balraz Technologies (Balraz) sued the Provincial Tender Board of the Eastern Cape for damages suffered by the company before its liquidation. Balraz and five other concerns submitted tenders for the supply of ..

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