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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The bravest are the tenderest,-- The loving are the daring.
This can be easily accomplished in a well-appointed reception room for each sex, where should be kept always on hand and ready for use a sufficient number of pairs of shoes and stockings of different sizes, also several warm wraps with which to clothe and warm the tenderest of the exposed pupils until their own shoes and stockings and other garments are dry enough to put on, and they arc ready to enter their classes.
Always looking for the tenderest spot to squeeze, Russia has focused on terrorism and Turkey's rather opaque policy toward the Islamic State in Iraq and the Levant (ISIL).
Obviously, in the English Wine Labels the Shakespeare phrase had to be "restored," replacing Arany's signature line, which in Lang's text is a comment on translation itself; in order to hint at the implied translation, I added an odd adjective, so the fictional wine is gulped down by "tenderest marble jaws."
One of Barton's tenderest moments comes as Archy delivers a message to him at a lavish party.
The chicken, ham and leek pie was just what you'd ask for in a pub pie - a huge, enveloping buttery puff casing overlapping a well-stocked bowl containing a creamy, viscous sauce loaded with soft cubes of chicken and salty, luscious ham as though cut from the tenderest gammon joint.
You were the finest, loveliest, tenderest and most beautiful person that we have ever known and even that is an understatement.
So too was the kapama, small chunks of the tenderest, tomatoey spicy lamb, served with lemon roast potatoes.
To the women of the Confederacy "Whose pious ministrations to our wounded soldiers soothed the last hours of those who died far from the objects of their tenderest love, whose domestic labors contributed to supply the wants of our defenders in the field, whose zealous faith in our cause shone a guiding star undimmed by the darkest clouds of war, whose fortitude sustained them under all the privations to which they were subjected, whose floral tribute annually expresses their enduring love and reverence for our sacred dead, and whose patriotism will teach their children to emulate the deeds of our revolutionary sires."
Anita Debney, who was employed by Bob Geldof and Paula Yates when Peaches was a toddler, said that the 25-year-old tried very hard to be happy and has been the greatest joy, the greatest blessing, the tenderest part of her heart and soul, the Mirror reported.
I chose the Fondue Bourguignonne, featuring the tenderest of beef filet cubes plunged into hot oil on a table cooker and served with mushrooms, peppers, French Fries and tasty sauces, accompanied by a range of pickled delights.
Even his tenderest lyrics ("you made me forget myself/ I thought I was someone else/ Someone good"; "when you think the night has seen your mind/ that inside you're twisted and unkind/ let me stand to show that you are blind") drip with knowing self-loathing.