ABSTRACT

In a number of areas of procurement, particularly by local government and other non-commercial organisations, a significant amount of time must elapse between the acceptance by the buyer of a successful tender for any major purchase and the putting in place of the formal contract. This can be needed to allow for the necessary formalities and approvals to be carried out before formal approval can be given, or simply because of bureaucratic delay. The term 'letter of intent' is a jargon term. It has nothing to do with the Intent to make a contract. The practical problem for the contractor is often deciding whether a letter that looks like a letter of intent actually is one or not. Under English law a letter of intent is neither a contract nor is it part of contract law. It is actually part of a quite separate but related area of law - what is now called the Law of Restitution.