tender

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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 ?
March gave the mother tea and gruel, and comforted her with promises of help, while she dressed the little baby as tenderly as if it had been her own.
He was actually thinking tenderly how lovely it was and what wonders of blue its hundreds of little blossoms were.
She looked lovely: the flush was tenderly bright in her cheeks; the radiant pleasure shone and sparkled in her eyes; the position of her figure, turned suddenly from the waist upward, disclosed its delicate strength, its supple firmness, its seductive, serpentine grace.
Putting my faith in old saws, as a young man will, I had never dreamed to know again a bliss so divinely passionate and pure as came to me with every glance of Nicolete's sweet eyes, with every simple pressure of her hand; and the joy that was mine when sometimes, stopping on our way, we would press together our lips ever so gravely and tenderly, seems too holy even to speak of.
The two sons who survived him loved each other tenderly, and it was a real grief to the elder, Schahriar, that the laws of the empire forbade him to share his dominions with his brother Schahzeman.
When he outgrew her care her husband was appointed as his tutor and governor, so that he had never been separated from this excellent couple, who loved him as tenderly as they did their only daughter Zayda, and were warmly loved by him in return.
Tenderly they gathered them, with the night-dew fresh upon their leaves, and as they wove chanted sweet spells, and whispered fairy blessings on the bright messengers whom they sent forth to die in a dreary land, that their gentle kindred might bloom unharmed.
Miss Bingley's civility to Elizabeth increased at last very rapidly, as well as her affection for Jane; and when they parted, after assuring the latter of the pleasure it would always give her to see her either at Longbourn or Netherfield, and embracing her most tenderly, she even shook hands with the former.
Thus by a judicious exercise of tact and asperity we re-established the atmospheric equilibrium of the room long before I left them a little before midnight, now tenderly reconciled, to walk down to the harbour and hail the Tremolino by the usual soft whistle from the edge of the quay.
I want thee to have a cup of tea, Mother," answered Seth, tenderly.
And when you'd lost your little all, And found yourself a thing despised, I need not ask you to recall How tenderly I sympathised!
While he was thus tenderly embracing me, Sophia astonished at my precipitate Departure, entered the Room in search of me.