Legal Definitions - plea of tender

A plea of tender is a formal legal defense used in a lawsuit, typically when a defendant is accused of failing to pay a debt or fulfill a financial obligation. This defense asserts that the defendant has always been ready and willing to pay the amount owed, made a proper offer to pay the plaintiff, and has now brought the money into court to demonstrate their continued readiness to fulfill the obligation. Essentially, the defendant is telling the court, "I tried to pay you, you refused, and I'm still ready to pay right now."

• Imagine a small graphic design firm, Creative Canvas, completed a website for a client, Local Bakery Co., and sent an invoice for $5,000. Local Bakery Co. prepared a check for the full amount and attempted to deliver it, but Creative Canvas, due to an internal dispute, refused to accept the payment, claiming the work was incomplete (even though it was). When Creative Canvas later sued Local Bakery Co. for non-payment, Local Bakery Co. could raise a plea of tender. They would assert that they were always ready to pay, offered the payment, and would bring the $5,000 to court to show their willingness to settle the debt, thereby demonstrating they did not fail in their obligation.

• Consider a tenant, Maria, who tried to pay her monthly rent of $1,500 to her landlord, Mr. Henderson. Maria mailed the check on time, but Mr. Henderson, perhaps wanting to evict her for other reasons, refused to cash it and returned it, then subsequently sued Maria for unpaid rent. In her defense, Maria could enter a plea of tender. She would explain that she had consistently been willing to pay, had offered the rent payment, and would present the $1,500 to the court, demonstrating her ongoing readiness to fulfill her rental obligation and that the non-payment was due to the landlord's refusal.

• Suppose David borrowed $10,000 from his friend, Sarah, with an agreement to repay it by a certain date. On the due date, David met Sarah and offered her the full $10,000 in cash. However, Sarah unexpectedly refused to accept the payment, perhaps hoping to later claim David defaulted and demand interest or other penalties. If Sarah were to sue David for non-payment, David could use a plea of tender. He would state that he was ready and willing to pay on the agreed date, offered the money, and would bring the $10,000 to court to show his continued commitment to repay the loan, arguing that he fulfilled his part of the agreement.