The term “tender of issue” is a legal phrase commonly used in common-law pleading. It pertains to a document attached to a traverse, which is a type of legal pleading that either denies or admits a fact. The purpose of the tender of issue is to direct the issue to the appropriate method of trial. In all pleadings, the objective is to bring the parties to a specific point of disagreement, which is affirmed by one party and refuted by the other. The tender of issue is the proposal made by one party to the other to accept the dispute and proceed to trial.
The tender of issue is a form attached to a traverse in common-law pleading that directs the issue to the appropriate mode of trial. Its purpose is to establish a single point of contention between the parties, with one side affirming and the other denying it. This offer is made by one party to the other to accept the issue at hand. For instance, in a civil lawsuit, the plaintiff files a complaint against the defendant, who then responds with an answer denying the allegations. The plaintiff can then reply with a tender of issue, specifying the exact point of disagreement and proposing to bring it to trial. This example demonstrates how tender of issue is utilised in common-law pleading to resolve disputes by presenting a clear point of contention that can be accepted or rejected by the opposing party.
A tender of issue refers to the process of formally offering a legal claim or dispute to a court for resolution.
You should make a tender of issue when you believe you have a valid legal claim or dispute that requires court intervention.
To make a tender of issue, you typically need to file a formal complaint or petition with the appropriate court, outlining the details of your claim or dispute.
A tender of issue should include relevant facts, legal arguments, supporting evidence, and any applicable laws or regulations that support your claim or dispute.
Yes, you can make a tender of issue without an attorney, but it is generally recommended to seek legal advice to ensure your claim is properly presented and supported.
After making a tender of issue, the court will review your claim and determine if it meets the necessary legal requirements to proceed.
Yes, a tender of issue can be rejected by the court if it is deemed legally insufficient or lacks merit.
The potential outcomes of a tender of issue can vary, but they generally include a court judgment or settlement agreement that resolves the legal claim or dispute.
The time it takes to resolve a tender of issue depends on various factors, such as the complexity of the case, court backlog, and the willingness of the parties to negotiate a settlement.
Yes, if you are dissatisfied with the court’s decision on a tender of issue, you may have the right to appeal to a higher court for a review of the decision.
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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