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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.


Tender Offer.


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)


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


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 ?
All those tenders and store-ships of ours are going on southwest by west to New York to make a floating depot for us.
The kiss her mother gave her was a very tender one, and as she went away, Mrs.
said Tom; "there was not one of the tender cuttings that was not nipped off.
Some studied how to watch the tender buds, when to spread them to the sunlight, and when to shelter them from rain; how to guard the ripening seeds, and when to lay them in the warm earth or send them on the summer wind to far off hills and valleys, where other Fairy hands would tend and cherish them, till a sisterhood of happy flowers sprang up to beautify and gladden the lonely spot where they had fallen.
In recalling all he had been through, he foresaw all that Raoul might suffer; and the expression of the deep and tender compassion which throbbed in his heart was pictured in the moist eye with which he gazed on the young man.
However that might be, poor Martha had a woman's heart, and a tender one, and it quailed within her, as she looked round at those strange old men, and from them to the calm features of Adam Colburn.
The first impulse of navigation took its visible form in that tideless basin freed from hidden shoals and treacherous currents, as if in tender regard for the infancy of the art.
The man who awakes the wondering tremulous passion of a young girl always thinks her affectionate; and if he chances to look forward to future years, probably imagines himself being virtuously tender to her, because the poor thing is so clingingly fond of him.
Dainty foot and tender heart, Wait the loaded ferry-cart.
The Pension Vauquer was dark, brown, sordid, graisseuse; but this is in quite a different tone, with high, clear, lightly-draped windows, tender, subtle, almost morbid, colours, and furniture in elegant, studied, reed-like lines.
Sonya was a slender little brunette with a tender look in her eyes which were veiled by long lashes, thick black plaits coiling twice round her head, and a tawny tint in her complexion and especially in the color of her slender but graceful and muscular arms and neck.
I am rather glad that among them was the gentle and kindly Ik Marvel, whose 'Reveries of a Bachelor' and whose 'Dream Life' the young people of that day were reading with a tender rapture which would not be altogether surprising, I dare say, to the young people of this.