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. However, the act of tender completes the responsibility of the person making the tender. See: offerdelivery.

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.

A tender may be of money or of specific articles; these will be separately considered. 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.

It must be made to the creditor having capacity to receive it, or to his authorized agent. The whole sum due must be offered, in the lawful coin of the United States, or foreign coin made current by law; 2 N.

But a tender in bank notes, if not objected to on that account, will be good. 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. 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.

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. 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.

The tender ought to be made before daylight is entirely gone. The condition on which the debt was contracted must be fulfilled.

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. 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, 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. 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.

Vide, generally, 20 Vin.

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Index, h. 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.To save this word, you'll need to log in.

Accessed 18 Apr.

What is Tender - Know Basic about Tendering Process and Diff. Contracts vs. Tender

Comments on tender of delivery What made you want to look up tender of delivery? Please tell us where you read or heard it including the quote, if possible. What does capricious mean? Test Your Knowledge - and learn some interesting things along the way.

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Dictionary Entries near tender of delivery tenant by the entirety tenant in common tender tender of delivery tender offer tender years exception tenement See More Nearby Entries.

tender of delivery

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Play the game.Advertised Tenders. Category - Any - Accommodation Accommodation and food service activities Activities auxiliary to financial service and insurance activities.

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Placement of purchased goods at the buyer's disposal according to the terms of a contract. Seller's any failure without just cause to deliver, and buyer's any failure without just cause to take deliverymay constitute a breach of contract.

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It can often be beneficial to pick one service if your business is a heavy user as How to Start an eBay Business. Basics of Negotiation for Beginners.To save this word, you'll need to log in.

tender of delivery

Accessed 17 Apr. Comments on tender of delivery What made you want to look up tender of delivery? Please tell us where you read or heard it including the quote, if possible. What does capricious mean?

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Test Your Knowledge - and learn some interesting things along the way. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! Or 'unessential'? For Whom the Grammar Rules When is 'whom' the right choice? And who put it there, anyway? Literally How to use a word that literally drives some people nuts. Is Singular 'They' a Better Choice?

Come look at pictures of baby animals. Can you correctly identify these flowers? Can you spell these 10 commonly misspelled words? Build a chain of words by adding one letter at a time. Login or Register. Save Word. Log In. Learn More about tender of delivery. Share tender of delivery Post the Definition of tender of delivery to Facebook Share the Definition of tender of delivery on Twitter.

Dictionary Entries near tender of delivery tenant by the entirety tenant in common tender tender of delivery tender offer tender years exception tenement See More Nearby Entries. Get Word of the Day daily email! Test Your Vocabulary. Love words?The transfer of possession of real property or Personal Property from one person to another.

Two elements of a valid gift are delivery and donative intent. Delivery is not restricted to the actual physical transfer of an item—in some cases delivery may be symbolic. Such is the case where one person gives land to another person.

Land cannot be physically delivered, but delivery of the deed constitutes the transfer if coupled with the requisite intent to pass the land on to another. Similarly, delivery can take place in a situation where goods are set apart and notice is given to whoever is scheduled to receive them.

This is known as constructive delivery. The delivery of a deed transfers title provided it is then recordedand the delivery of goods makes a sale complete and final if payment has been made. Symbolic or constructive delivery depositing something with an agent or third person falls short of completion unless agreed to by the parties. See: contractdeed. Delivery to a carrier involves other rules.

Where the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier whether named by the buyer or not for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case; and if the seller omits to do so, and the goods are lost or damaged in the course of transit, the buyer may decline to treat the delivery to the carrier as delivery to himself or may hold the seller responsible in damages.

Where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit; and if the seller fails to do so, the goods are at his risk during such sea transit.

The transferring of a deed from the grantor to the grantee, in such a manner as to deprive him of the right to recall it; Dev. This is indispensably necessary to the validity of a deed; 9 Shepl.

Watkin's Prin. But although, as a general rule, the delivery of a deed is essential to its perfection, it is never averred in pleading. As to the form, the delivery may be by words without acts; as, if the deed be lying upon a table, and the grantor says to the grantee, "take that as my deed," it will be a sufficient delivery; or it may be by acts without words, and therefore a dumb man may deliver a deed.

A delivery may be either absolute, Is when it is delivered to the grantor himself; or it may be conditional, that is, to a third person to keep until some condition shall have been performed by the grantee, and then it is called an escrow.To save this word, you'll need to log in.

Daniels 7 obsolete : dearprecious tender. She was tender and loving with her new child. Cook the pasta until it is just tender. Her wrist was swollen and tender. Verb 1 Middle English tendren, probably in part derivative of tendur tender entry 3in part borrowed from its source, Anglo-French tendre Note: The apparent use of the Anglo-French nominalized infinitive as an inflected verb in Middle English is paralleled by render entry 2.

See more words from the same century From the Editors at Merriam-Webster. Dictionary Entries near tender tendential tendentious tendenz tender tenderability tenderable tender annual. Accessed 18 Apr. Keep scrolling for more More Definitions for tender tender.

Entry 1 of 4 1 : not tough a tender steak 2 : delicate sense 4 tender plants 3 : young entry 1 sense 1 He left home at a tender age. Other Words from tender tenderly adverb She smiled tenderly.

tender of delivery

Entry 1 of 2 1 a : an act or instance of tendering b : an unconditional offer of payment or performance as in discharge of an obligation that is coupled with a manifestation of willingness and ability to follow through as by producing a check c : tender of delivery sufficient tender 2 : something offered in payment or performance specifically : money the proper amount of tender required — see also legal tender tender.

Please tell us where you read or heard it including the quote, if possible. What does capricious mean? Test Your Knowledge - and learn some interesting things along the way. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! We have a hard decision to make. Or 'unessential'? And who put it there, anyway? Literally How to use a word that literally drives some people nuts.

Is Singular 'They' a Better Choice? Come look at pictures of baby animals. Can you correctly identify these flowers? Can you spell these 10 commonly misspelled words? Build a city of skyscrapers—one synonym at a time. Login or Register. Save Word. Log In. Keep scrolling for more.

tender of delivery

Other Words from tender Adjective tenderly adverb. Examples of tender in a Sentence Adjective He gave her a tender look. First Known Use of tender Adjective 13th century, in the meaning defined at sense 3b Verb 1 15th century, in the meaning defined at transitive sense 2 Noun 1 circain the meaning defined at sense 1 Noun 2in the meaning defined above Noun 3in the meaning defined above Verb 2 14th century, in the meaning defined at transitive sense 1 Noun 4in the meaning defined above.

Learn More about tender. Time Traveler for tender The first known use of tender was in the 13th century See more words from the same century. From the Editors at Merriam-Webster. Dictionary Entries near tender tendential tendentious tendenz tender tenderability tenderable tender annual See More Nearby Entries. Phrases Related to tender at the tender age tender young age tender loving care to the tender mercies of.


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