tender


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Related to tender: tinder

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 ?
The love she bore the tender flower kept her own heart innocent and bright, and the pure human flower was a lesson to those who looked upon it; and soon the gloomy house was bright with happy hearts, that learned of the gentle child to bear poverty and grief as she had done, to forgive those who brought care and wrong to them, and to seek for happiness in humble deeds of charity and love.
Still the Elves watched near, and brighter grew the heart as kindly thoughts and tender feelings entered in, and made it their home; and when the old man fell asleep, above his grave little feet trod lightly, and loving hands laid fragrant flowers.
To these came the loving band with tender words, telling of the peace they yet might win by patient striving and repentant tears, thus waking in their bosoms all the holy feelings and sweet affections that had slept so long.
They stood watching her, with faces full of love and hope and tender pride as she walked away, leaning on her husband's arm, with her hands full of flowers and the June sunshine brightening her happy face--and so Meg's married life began.
If I could be sure beforehand that these pages would only be read by persons actually occupied in the making of love--that oldest and longest-established of all branches of manufacturing industry--I could go into some very tender and interesting particulars on the subject of my first day's fishing, under the adorable auspices of Alicia.
Aunt Jessie said not a word, but kissed her little niece, with a look of tender sympathy that made Rose cling to her a minute, and follow her with grateful eyes as the door closed behind her.
Steele had a tender heart towards children too, and in more than one paper his love of them shows itself.
As the children play in the next room, I know the poor things by their steps, and am considering what they must do, should they lose their mother in their tender years.
And now that his children were motherless, Steele, when he was away from them, wrote to them, always tender, often funny, letters.
She felt a deep longing to go now and pour into Hetty's ear all the words of tender warning and appeal that rushed into her mind.
Dinah saw the effect, and her tender anxious pleading became the more earnest, till Hetty, full of a vague fear that something evil was some time to befall her, began to cry.
It was so dull without you," said she, giving him a tender smile.