A plea of tender is a legal defence that a defendant can present in court, indicating their willingness to pay the debt demanded by the plaintiff. It signifies that the defendant has not only offered to pay the debt but has also brought the money to court for payment. By making this plea, the defendant aims to demonstrate their lack of fault in not paying the debt and their sincere efforts to resolve the matter.
The concept of a plea of tender involves the defendant asserting that they have been willing to pay the debt demanded by the plaintiff, have offered the payment to the plaintiff, and have brought the money into court for payment. This plea serves as a defence in a lawsuit where the defendant argues that they have always been ready to pay the debt and have the necessary funds available. By using this plea, the defendant aims to demonstrate that they have made a sincere effort to settle the debt and that the plaintiff is not entitled to any additional damages or interest. The plea of tender is a legal practice derived from common law and is still utilised in certain jurisdictions today.
A plea of tender is a legal defence in which the defendant claims that they offered to pay the amount owed in a contract, but the plaintiff refused to accept it.
A plea of tender can be used when the defendant believes they have made a valid offer to pay the amount owed, and the plaintiff has unreasonably refused to accept it.
The purpose of a plea of tender is to show that the defendant made a genuine effort to fulfill their obligations under the contract, and that the plaintiff is unjustly seeking additional damages.
No, a plea of tender is not always a valid defence. It must be proven that the defendant made a genuine offer to pay the amount owed, and that the plaintiff unreasonably refused to accept it.
No, a plea of tender is typically used in civil cases involving contracts and debts, and is not applicable in criminal cases.
Evidence such as written communication of the offer to pay, proof of the amount owed, and documentation of the plaintiff’s refusal to accept the payment may be needed to support a plea of tender.
If the defendant successfully proves that they made a valid offer to pay and the plaintiff unreasonably refused it, the court may dismiss the case or limit the plaintiff’s ability to seek additional damages.
Yes, a plea of tender can be used in cases where the defendant has fulfilled their non-monetary obligations under a contract, but the plaintiff has unreasonably refused to accept it.
A plea of tender focuses on the defendant’s attempt to fulfill their obligations under the contract, while a counterclaim involves the defendant asserting their own claims against the plaintiff.
Yes, it is advisable to consult with a lawyer before using a plea of tender as a defence to ensure that you have a valid claim and the necessary evidence to support it.
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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