Tender Legal Term Definition
The popularity of cross-border and online shopping is increasing the demand for more forms of money, such as popular cryptocurrency alternatives such as Bitcoin, which are recognized as legal tender. However, given the official objections to such alternatives, except in a few minor cases, they may still be a few years away and are not legal tender in the United States or most other countries. There are many online services that accept cryptocurrencies, and this practice is completely legal. Due to their status as unofficial competitors with legal tender, cryptocurrencies are mainly limited to use in gray and black market activities or as speculative investments. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. From the call for tenders certain items. It is a rule that certain objects can be offered at a certain place and not, like money, to the person of the creditor, wherever they are. If no place is expressly mentioned in the contract, the place of delivery must be determined by the will of the parties, which can be deduced from the nature of the business and its circumstances. For example, if the contract provides for the delivery of goods from the seller to the buyer on demand, the first being the manufacturer of the goods or a trader in them, without specifying a specific place, the seller`s factory or store is considered to be the intended place and an offer is sufficient there.
If the specific items are located in another location at the time of sale, which is the place of delivery. An offer of money; the act by which a person holding a claim or claim against him is presented and offered the sum of money he considers due and recognized, without conditions or conditions, to satisfy that claim or claim. Salinas vs. Ellis. 26 pp. C. 337, 2 pp. E. 121; Tompkins vs. Batie. 11 Neb.
147, 7 N. W. 747. 38 am. Rep. 361 ; Holmes v. Holmes. 12 Rarb. (N.Y.) 144; Smith vs. Lewis.
26 Conn. 110; Noyes v. Wyckoff, 114 N. Y. 20-1, 21 N. E. 158. The offer is a plea raised by the defendant that he was still prepared to pay the debt claimed and that he had offered it to the plaintiff before the action was brought. and now is suing him, ready to be paid to him.
etc. Chestnut. The two essential characteristics of the offer are an unconditional offer of service, as well as the manifest capacity to do so and the submission of the subject of the offer. The term is usually used in reference to an offer to pay money; However, it can be properly used as part of an offer of other types of real estate. Tendering is a term that is the subject of different definitions. In one sense, this means offering a payment to another. It can also mean making an unconditional offer to enter into a contract with someone. The delivery offer can be addressed to someone, but the recipient has the option not to accept the offer. However, the act of offering complements the responsibility of the person making the offer. For example, without laws, corruption and nepotism can thrive. Tendering services are available to potential bidders and include a wide range of tenders from private and public sources.
These services include preparing appropriate quotes, coordinating the timeliness process and complying with applicable laws. For projects or procurements, most institutions have a clearly defined tendering process and processes for opening, evaluating and final selection of suppliers. This ensures that the selection process is fair and transparent. In the case of takeover bids for attempted takeovers, the terms of the bid are clearly defined and include the purchase price, the number of shares requested and a response time. CALL FOR TENDERS, CONTRACTS, PLEADINGS. An offer is an offer to take or take an action that the party to whom the offer is addressed is required to perform. (2) An offer can be money or specific items; These are taken into account separately. Paragraph 1. From the usurer.
To make a valid offer, the following conditions are required: 1. It must be made by a solvent person, because if it is made by a foreigner without the consent of the debtor, it is not sufficient. Cro. Eliz. 48, 132; 2 M. and p. 86; Co. Lit. 206.
3.-2. It shall be delivered to the receiving creditor or his representative. 1 warehouse. 477; Dougl. 632; 5 taunts. 307; S. C. 1 Marsh. 55; 6 Esp. 95; 3 R. T. 683; 14 Serg.
and Rawle, 307; 1 Nev. & M. 398; S. C. 28 E. C. L. R. 324; 4 B.
& C. 29 S. C. 10 E. C. L. R. 272; 3 C. & p. 453 p. c. 14 E.
C. L. R. 386; 1 M. & W. 310; Mr. and Mr. 238; 1 Esp. R. 349 1 C. & p.
365 4.-3. The full amount owing must be offered in the U.S. legal document or in a foreign document made common by law; 2 N. & M. 519; And the offer must not be restricted under any circumstances. 2 R. T. 305; 1 campb. 131; 3 campb. 70; 6 taunts. 336; 3 Esp. C.
91; Completely. Ev. Part 4, page 1392, n. g; 4 campb. 156; 2 campb. 21; 1 M. & W. 310.
But an offer in banknotes, if not contested for this reason, will be good. 3 R. T. 554; 2 Vol. & p. 526; 1 Leigh`s N. P. v. 1, p. 20; 9 Selection.
539; see 2 Caines, 116; 13 Fair 235; 4 N. H. Rep. 296; 10 Wheat 333. But in this case, the amount offered must be exactly what is due, because an offer of a five-dollar bill requiring a change would not be a good four-dollar offer. 3 campb. R. 70; 6 taunts. No. 336; 2 R. Esp.
710; 2 D. & R. 305; S. C. 16 E. C. L. R.
87. And an offer was made by means of a cheque contained in a letter requesting an acknowledgement of receipt, which the applicant returned and demanded a higher amount, without contesting the nature of the offer. 8 D. P. C. 442. If shares are to be offered, the debtor must make every effort to transfer them, but it is not absolutely necessary that they be transferred. 504, 533, 579. 5.-4. If a time limit has been agreed in favour of a creditor, it must have expired; The offer must be submitted at the agreed time for the performance of the contract, if it is submitted subsequently, it is only to mitigate damages, provided that it is submitted before the filing of the action. 7 taunts. 487; 8 East, r.
168; 5 taunts. 240; 1 Saund. 33 A, note 2. The tender must be made before the daylight has completely disappeared. 7 Greenl. 31. 6.-5. The condition under which the debt was contracted must be met. 7.-6. The offer is made at the place agreed for payment or, failing that, to the creditor or his representative.
8 John. 474; Lit. Bl. 132; Ferry. From. H.T. v. 8.
If an offer has been made in due form, it is a full defence to the claim, but the benefit of an offer is lost if the creditor subsequently demands the amount owed from the debtor and the debtor refuses to pay it. Kirby, 293. 9.-Abs. 2. The invitation to tender certain items. It is a rule that certain objects can be offered at a certain place and not, like money, to the person of the creditor, wherever they are. If no place is expressly mentioned in the contract, the place of delivery must be determined by the will of the parties, which can be deduced from the nature of the business and its circumstances. For example, if the contract provides for the delivery of goods from the seller to the buyer on demand, the first being the manufacturer of the goods or a trader in them, without specifying a specific place, the seller`s factory or store is considered to be the intended place and an offer is sufficient there. If the specific items are located elsewhere at the time of sale, this is the place of delivery. 2 Green. Ev. § 609 4 Wend.
377; 2 applets. 325. 10. If the goods are cumbersome and the place of delivery is not determined or can be inferred from the circumstances, it is presumed that they were intended to be delivered to a place that the creditor could reasonably determine; If the creditor refuses or designates an inappropriate location, the debtor may choose a suitable location and, after notifying the creditor, deliver the goods to it. 2 Kent, comm. 507; 1 green. 120; Flea. on Contr.
51 13 Wend. 95; 2 Green. Ev. § 610. Cf. generally 20 Vin., Ab. 177; Ferry. From. H.T.; 1 Sell. 314; Com. Dig. Action for acceptance, condition H 8, L 4 Pleader, 2 G 2-2 W, 28.49-3 K 23-3 M 36; Chipm, on counter.
31, 74; Ayl. Pand. B. 4, T. 29; 7 Greenl.