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 ?
Happy sounds were heard in his once lonely home, and bright faces gathered round his knee, and listened tenderly while he strove to tell them all the good that gentleness and love had done for him.
They clung about her tenderly, and little Rose-Leaf placed a flower crown on her head, whispering softly, "When you would come to us again, stand by the brook-side and wave this in the air, and we will gladly take you to our home again.
When he had walked on the river's brink in the peaceful moonlight for some half an hour, he put his hand in his breast and tenderly took out the handful of roses.
How could I assure her that I should think of her tenderly to the end of my life?
Marilla would have given much just then to have possessed Anne's power of putting her feelings into words; but nature and habit had willed it otherwise, and she could only put her arms close about her girl and hold her tenderly to her heart, wishing that she need never let her go.
He was constantly wounded, and yet his good- nature was such that he could not bear malice: the viper might sting him, but he never learned by experience, and had no sooner recovered from his pain than he tenderly placed it once more in his bosom.
But now Ojo rushed up and threw his arms joyfully about his uncle, and the old man hugged his little nephew tenderly and stroked his hair and wiped away the boy's tears with a handkerchief, for Ojo was crying from pure happiness.
After dinner, or after dinners, I approach my wife tenderly and ask her what kind of woman is it who, when approached tenderly, says she has to put her frozen dinner in the microwave?
Gospel is a clear influence throughout and towards the end of the record, she goes more than a little bit country on us: Tenderly and Every Single Little Piece both sound far more real and therefore affecting than much of the shiny pop acts trading under the en vogue UK country banner.
Through the night under the light of a million shining stars I search the world for the angel girl who tenderly and warmly stole my heart For she filled it full of soft tender love And my life full of happiness and joy she made Me feel one very lucky boy To have angel of beauty like her Walking by my side Because her hazel brown eyes outshone the stars And her smile was so warm and wide And every time I kissed her sweet angel lips I always felt so good inside So through the night until the new morning light And the golden sun rises high once more DONALD JOHN TYE, Wallsend
His latest effort, The Crooner Sings Bacharach, features songwriter Burt Bacharach's most romantic compositions - which Richard was able to interpret as tenderly as if he'd written them himself.
Mum and Dad xxx MORRIS ANGELA Our special Sister, You always had a smile to share, Time to give and time to care, a loving nature, a heart of gold, precious memories we tenderly hold.