Also known as: tenders · tendered · tendering · tender offer · legal tender · tender of payment · offer of performance
Written by attorneys · grounded in primary & secondary sources — see below
An unconditional offer of money or performance made by a party ready, willing, and able to fulfill an obligation. The tender may prevent penalties for nonperformance or place the recipient in default if unjustifiably refused.
Tyrone Tran offers to paint Tracy Torres's house for a fixed price if she accepts by beginning work. Tracy delivers the first load of paint and brushes to the site and begins prep work. Her actions satisfy the requirement that part of the requested performance be tendered, creating an option contract that binds Tyrone to keep the offer open.
A state legislature enacts a statute requiring all private debts to be paid in state-issued scrip rather than gold or silver coin. Terra Financial refuses to accept the scrip from a borrower and demands payment in coin. The statute violates the constitutional prohibition on states making anything but gold and silver a tender in payment of debts.
Select any source to read its text and confirm it supports the definition.
Trailblazer Airlines serves a subpoena on a non-party witness demanding attendance at a deposition. The process server delivers the subpoena but fails to tender the required one-day attendance fee and mileage. The service is defective because tender of the statutory fees is required when the subpoena compels attendance.
Topaz Mining's board approves a merger plan and submits it to shareholders. The board recommends that shareholders tender their shares directly to the acquiring company in response to the offer. This recommendation satisfies the statutory requirement that the board advise shareholders on how to respond to the tender offer component of the merger.
Tanner Thompson converts Theo Thomas's antique watch under a good-faith mistake about ownership. After discovering the error, Tanner promptly offers to return the watch, which remains in excellent condition. The court may reduce the damages award because the timely tender of return satisfies the conditions for mitigation.
Tonya Takahashi contracts to buy electronics from Torchlight Media with delivery at a warehouse in Chicago. Torchlight repudiates before delivery. Market price for calculating Tonya's damages is determined as of the Chicago warehouse, the designated place for tender under the contract.
A party must demonstrate readiness, willingness, and ability to perform the obligation unconditionally. The tender must be made to the proper person at the proper time and place. Failure to tender when performance is due can waive the right to claim the other party's default.
Yes. When an offer invites acceptance by performance, beginning or tendering the invited performance creates an option contract that prevents revocation. The offeree must still complete the performance to hold the offeror to the promise.
Tender of one day's attendance fees and mileage is required whenever the subpoena commands a non-party's attendance, unless the subpoena issues on behalf of the United States or certain indigent parties. Without the tender, service is incomplete.
…to the State's policy against such relationships. Neither the state courts nor the State before the bar of this Court has tendered such an explanation. It is purely fanciful to believe that the broad proscription on use facilitates discovery of use by persons engaging in a prohibited relationship or for some other…