最后可去节录英国著名的《Chitty on Contract》2010年第30版有关招标一般性法律的说法,在2-022段如下:“Tenders. At common law, a statement that goods are to be sold by tender is not normally an offer to sell to the person making the highest tender; it merely indicates a readiness to receive offers. Similarly, an invitation for tenders for the supply of goods or for the execution of works is, generally, not an offer, even thought the preparation fo the tender may involve very considerable expense. The offer comes from the person who submits the tender and there is no contract until the person asking for the tenders accepts one of them. These rules may, however, be excluded by evidence of contrary intention: e.g. where the person who invites the tenders states in the invitation that he binds himself to accept the highest offer to buy (or, as the case may be, lowest offer to sell or to provide the specified services). In such cases, the invitation for tenders may be regarded either as itself an offer or as an invitation to submit offers coupled with an undertaking to accept the highest (or, as the case may be, the lowest) offer; and the contract is concluded as soon as the highest offer to buy (or lowest offer to sell, etc)is communicated. There is also an intermediate possibility. This is illustrated by a case in which an invitation to submit tenders was sent by a local authority to seven parties; the invitation stated that tenders submitted after a specified deadline would not be considered. It was held that the authority was contractually bound to consider (though not to accept) a tender submitted before the deadline."