A plea of tender is a legal argument that the defendant has consistently been willing to pay the debt demanded by the plaintiff, has offered the payment to the plaintiff, and has brought the money into court ready to pay. A tender is an unconditional offer of money or performance to satisfy a debt or obligation. It can save the tendering party from a penalty for nonpayment or nonperformance, or place the other party in default if they unjustifiably refuse the tender. Tender of delivery is when a seller puts and holds conforming goods at the buyer’s disposition, while tender of performance is when an obligor demonstrates readiness, willingness, and ability to perform the obligation.
A plea of tender is a legal statement made by a defendant in a lawsuit, asserting their willingness to pay the debt demanded by the plaintiff. The defendant offers the payment to the plaintiff and brings the money to court for payment. For instance, if someone owes money to another person and the creditor sues the debtor, the debtor can make a plea of tender. This indicates their willingness to pay the debt, offering the payment to the creditor, and bringing the money to court. The purpose of this plea is to demonstrate that the defendant is not responsible for the non-payment of the debt. If the plaintiff rejects the payment, the defendant can be released from any further obligation to pay the debt. In summary, a plea of tender is a legal defence used by a defendant to prove their sincere effort to pay a debt and avoid liability for non-payment.
A plea of tender is a legal term used to describe a defendant’s offer to pay a specific amount of money to settle a dispute or satisfy a debt.
A plea of tender can be used in various legal situations, such as contract disputes, debt collection cases, or when a defendant wants to settle a lawsuit.
No, a plea of tender does not necessarily imply guilt. It is simply an offer to resolve a legal matter by providing a specific amount of money.
In criminal cases, a plea of tender is not commonly used. Instead, defendants typically enter pleas of guilty, not guilty, or no contest.
If the other party accepts the plea of tender, it means they agree to settle the dispute or debt for the offered amount. This can result in the case being resolved without further legal proceedings.
Yes, the other party has the right to reject a plea of tender if they believe the offered amount is insufficient or if they wish to pursue the matter further in court.
In most cases, a plea of tender cannot be withdrawn once it has been made. It is considered a binding offer to settle the legal matter.
Yes, a plea of tender can be used as evidence in court to demonstrate a defendant’s willingness to resolve the dispute or debt.
While it is generally recommended to make a plea of tender in writing to have a clear record, it can also be made verbally. However, it may be more difficult to prove the terms of the offer without written documentation.
A plea of tender can be made at any stage of a legal proceeding, as long as it is before a final judgment or decision has been reached. However, it is advisable to consult with an attorney to determine the most appropriate time to make such an offer.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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