tender

(redirected from Tender-hearted)
Also found in: Dictionary, Thesaurus, Medical, Financial, Encyclopedia, Wikipedia.

Tender

An offer of money; the act by which one individual offers someone who is holding a claim or demand against him or her the amount of money that the offeror regards and admits is due, in order to satisfy the claim or demand, in the absence of any contingency or stipulation attached to the offer.

The two essential characteristics of tender are an unconditional offer to perform, together with manifested ability to do so, and the production of the subject matter of tender. The term is generally used in reference to an offer to pay money; however, it may properly be used in reference to an offer of other kinds of property.

Cross-references

Tender Offer.

tender

1) v. to present to another person an unconditional offer to enter into a contract. 2) to present payment to another. 3) n. delivery, except that the recipient has the choice not to accept the tender. However, the act of tender completes the responsibility of the person making the tender. (See: offer, delivery)

tender

verb advance, deferre, deliver, extend, give, grant, hold out, issue, lay before, offer, pay, present, present for payment, proffer, propose, put forrard, render, submit, urge upon, volunteer
Associated concepts: tender payment, tender performance
Foreign phrases: Reprobata pecunia liberat solventem.Money refused releases the debtor.
See also: benevolent, bestow, bid, cede, confer, contribute, discharge, dispense, extend, give, indemnify, introduce, invitation, offer, overture, pay, pose, present, proposal, propose, proposition, propound, remit, satisfy, submit, suggestion, supply

tender

an offer. It may also describe the process - often compelled by legal regulation - of having parties submit very detailed offers for major works. In Scotland, a judicial tender is an offer to settle a court action.

TENDER, contracts, pleadings. A tender is an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made.
     2. A tender may be of money or of specific articles; these will be separately considered. Sec. 1. Of the lender of money. To make la valid tender the following requisites are necessary: 1. It must be made by a person capable of paying: for if it be made by a stranger without the consent of the debtor, it will be insufficient. Cro. Eliz. 48, 132; 2 M. & S. 86; Co. Lit. 206.
     3.-2. It must be made to the creditor having capacity to receive it, or to his authorized agent. 1 Camp. 477; Dougl. 632; 5 Taunt. 307; S. C. 1 Marsh. 55; 6 Esp. 95; 3 T. R. 683; 14 Serg. & Rawle, 307; 1 Nev. & M. 398; S. C. 28 E. C. L. R. 324; 4 B. & C. 29 S. C. 10 E. C. L. R. 272; 3 C. & P. 453 S. C. 14 E. C. L. R. 386; 1 M. & W. 310; M. & M. 238; 1 Esp. R. 349 1 C. & P. 365
     4.-3. The whole sum due must be offered, in the lawful coin of the United States, or foreign coin made current by law; 2 N. & M. 519; and the offer must be unqualified by any circumstance whatever. 2 T. R. 305; 1 Campb. 131; 3 Campb. 70; 6 Taunt. 336; 3 Esp. C. 91; Stark. Ev. pt. 4, page 1392, n. g; 4 Campb. 156; 2 Campb. 21; 1 M. & W. 310. But a tender in bank notes, if not objected to on that account, will be good. 3 T. R. 554; 2 B. & P. 526; 1 Leigh's N. P. c. 1, S. 20; 9 Pick. 539; see 2 Caines, 116; 13 Mass. 235; 4 N. H. Rep. 296; 10 Wheat 333. But in such case, the amount tendered must be what is due exactly, for a tender of a five dollar note, demanding change, would not be a good tender of four dollars. 3 Campb. R. 70; 6 Taunt. R. 336; 2 Esp. R. 710; 2 D. & R. 305; S. C. 16 E. C. L. R. 87. And a tender was held good when made by a check contained in a letter, requesting a receipt in return which the plaintiff sent back demanding a larger sum, without objecting to the nature of the tender. 8 D. P. C. 442. When stock is to be tendered, everything must be done by the debtor to enable him to transfer it, but it is not absolutely requisite that it should be transferred. Str. 504, 533, 579.
     5.-4. If a term had been stipulated in favor of a creditor, it must be expired; the offer should be made at the time agreed upon for the performance of the contract if made afterwards, it only goes in mitigation of damages, provided it be made before suit brought. 7 Taunt. 487; 8 East, R. 168; 5 Taunt. 240; 1 Saund. 33 a, note 2. The tender ought to be made before daylight is entirely gone. 7 Greenl. 31.
     6.-5. The condition on which the debt was contracted must be fulfilled.
     7.-6. The tender must be made at the place agreed upon for the payment, or, if there be no place appointed for that purpose, then to the creditor or his authorized agent. 8 John. 474; Lit. Sel. Cas. 132; Bac. Ab. h.t. c.
     8. When a tender has been properly made, it is a complete defence to the action but the benefit of a tender is lost, if the creditor afterwards demand the thing due from the debtor, and the latter refuse to pay it. Kirby, 293.
     9.-Sec. 2. Of the tender of specific articles. It is a rule that specific articles maybe tendered at some particular place, and not, like money, to the person of the creditor wherever found. When no place is expressly mentioned in the contract, the place of delivery is to be ascertained by the intent of the parties, to be collected from the nature of the case and its circumstances. If, for example, the contract is for delivery of goods from the seller to the buyer on demand, the former being the manufacturer of the goods or a dealer in them, no place being particularly named, the manufactory or store of the seller will be considered as the place intended, and a tender there will be sufficient. When the specific articles are at another place at the time of sale, that will be the place of delivery. 2 Greenl. Ev. Sec. 609 4 Wend. 377; 2 Applet. 325.
     10. When the goods are cumbrous, and the place of delivery is not designated, nor to be inferred from the circumstances, it is presumed that it was intended that they should be delivered at any place which the creditor might reasonably appoint; if the creditor refuses, or names an unreasonable place, the debtor may select a proper place, and having given notice to the creditor, deliver the goods there. 2 Kent, Comm. 507; 1 Greenl. 120; Chip. on Contr. 51 13 Wend. 95; 2 Greenl. Ev. Sec. 610. Vide, generally, 20 Vin., Ab. 177; Bac. Ab. h.t.; 1 Sell. 314; Com. Dig. Action upon the case upon Assumpsit, H 8 Condition, L 4 Pleader, 2 G 2-2 W, 28,49-3 K 23-3 M 36; Chipm, on Contr. 31, 74; Ayl. Pand. B. 4, t. 29; 7 Greenl. 31 Bouv. Inst. Index, h.t.

References in classic literature ?
Then he knew that the tender-hearted Ariadne was still holding the other end, and that she was fearing for him, and hoping for him, and giving him just as much of her sympathy as if she were close by his side.
We have known each other since we were little children, and I know his faults as no one else does; but he is too tender-hearted to hurt a fly.
And being tender-hearted and affected by the account he hears of Jo's condition, he readily engages to "look round" as early in the evening as he can manage it quietly.
But there seemed a subtle difference here between the manner in which this girl contemplated the dispatching of an enemy and the tender-hearted regret of my own princess for the stern necessity which demanded it.
It is thus that I have been pursued for several years now by the unwelcome sympathy of the tender-hearted and virtuous Mary A .
He was a great fellow to invent gunpowder and fire-arms and cannon; but when it came to using these things to kill people, he was as tender-hearted as a chicken.
A foolish little speech to make to a dog, but you see Polly was only a tender-hearted girl, trying to do her duty.
Oh, poor, poor Paddy," said tender-hearted Cecily tearfully.
But no one, either of the deathless gods or of mortal men, heard her voice, nor yet the olive-trees bearing rich fruit: only tender-hearted Hecate, bright-coiffed, the daughter of Persaeus, heard the girl from her cave, and the lord Helios, Hyperion's bright son, as she cried to her father, the Son of Cronos.
Awkward, sensitive, and tender-hearted, he suffered greatly in childhood from the unkindness of his fellows.
cries the landlord, "women are always so tender-hearted.
The gentle tender-hearted Amelia Sedley was the only person to whom she could attach herself in the least; and who could help attaching herself to Amelia?