Legal Definitions - tender of issue

The term "tender of issue" refers to a formal step in historical common-law legal procedures. It occurred when one party in a lawsuit formally denied a specific factual claim made by the opposing party and, in doing so, proposed that this particular point of disagreement be resolved through a trial. Essentially, it was the moment when the parties identified a clear, single factual question that needed to be decided by a court, thereby "offering" that question for judicial determination.

Here are some examples to illustrate this concept:

• Contract Dispute:

  Imagine a scenario where Company A sues Company B, claiming that Company B failed to deliver goods as per a signed contract. Company A's initial legal filing states, "On March 1st, 2023, Company A and Company B executed a written agreement for the delivery of 1,000 widgets." Company B responds by formally denying this specific claim, asserting that the document was never fully executed by an authorized representative and therefore no binding contract existed. Company B's formal denial of the contract's existence, and its implicit request for the court to determine this fundamental fact, would constitute a "tender of issue." The specific factual question for the court to resolve would then be: "Was a legally binding contract for the delivery of 1,000 widgets formed between Company A and Company B on March 1st, 2023?"

• Property Ownership Claim:

  Consider a dispute where Ms. Chen files a lawsuit against Mr. Davies, claiming she is the rightful owner of a parcel of land based on a deed she possesses. Her legal document states, "Ms. Chen acquired legal title to the property located at 456 Elm Street via a warranty deed recorded on June 1st, 2005." Mr. Davies responds by formally denying this claim, asserting that the deed Ms. Chen holds is invalid because it was based on a fraudulent transfer. Mr. Davies's formal denial of the validity of Ms. Chen's deed, and his referral of this specific factual dispute to the court for resolution, would be a "tender of issue." The court would then focus on determining the validity of the deed and, consequently, the rightful owner of the property.

• Allegation of Negligence:

  Suppose a pedestrian, Mr. Lee, sues a driver, Ms. Rodriguez, for injuries sustained in a car accident. Mr. Lee's complaint alleges, "Ms. Rodriguez was operating her vehicle above the posted speed limit when she struck Mr. Lee." Ms. Rodriguez responds by formally denying that she was speeding at the time of the accident, stating that she was traveling at or below the speed limit. Ms. Rodriguez's formal denial of the specific factual allegation of speeding, and her proposal that this point of disagreement be settled by the court, represents a "tender of issue." The court would then need to determine, as a key factual question, whether Ms. Rodriguez was indeed exceeding the speed limit at the moment of the collision.