Legal Definitions - tender, plea of

A plea of tender is a legal defense used in contract disputes, typically involving money. It occurs when one party (the defendant) claims they offered to fulfill their contractual obligation, usually by offering to pay a specific amount of money, but the other party (the plaintiff) refused to accept it.

For this defense to be successful, the defendant must generally show that:

• They made a valid, unconditional offer to pay the correct amount due.
• The offer was made at the proper time and place.
• The other party refused the offer.
• The defendant remains ready and willing to make the payment now.

If a plea of tender is successful, it can prevent the defendant from being held liable for further damages, interest, or legal costs that might have accrued after the original offer was made and refused.

Examples:

• Example 1: Construction Contract Dispute

  Imagine a homeowner, Ms. Chen, hired a contractor, Mr. Davis, to remodel her kitchen. Upon completion, Ms. Chen believed the work was satisfactory and offered to pay the remaining balance of $15,000 as per their contract. However, Mr. Davis, believing he was owed an additional $2,000 for supposed extra work not agreed upon, refused to accept the $15,000 payment. When Mr. Davis later sues Ms. Chen for the full $17,000, Ms. Chen can raise a plea of tender. She would argue that she offered the correct contractual amount of $15,000, which Mr. Davis refused, and she remains ready to pay that sum. This defense would aim to limit her liability to the original $15,000 and avoid additional interest or legal fees on that amount.

• Example 2: Loan Repayment

  Mr. Rodriguez had a personal loan from a friend, Ms. Lee, for $5,000, due on June 1st. On May 28th, Mr. Rodriguez met Ms. Lee and offered her the full $5,000 in cash. Ms. Lee, however, was upset with Mr. Rodriguez over a separate personal matter and, out of spite, refused to accept the payment, telling him she didn't want his money. When Ms. Lee later sues Mr. Rodriguez for default on the loan, claiming he never paid, Mr. Rodriguez can use a plea of tender. He would present evidence that he offered the full payment before the due date, which Ms. Lee refused, and he is still prepared to pay the $5,000. This defense would protect him from being deemed in default and from having to pay any penalties or interest that might otherwise accrue after his initial offer.

• Example 3: Commercial Lease Agreement

  A small business owner, Apex Graphics, leased office space from a landlord, Realty Corp. Apex Graphics attempted to pay its monthly rent of $3,000 on time, as usual, by mailing a check. However, Realty Corp. had decided it wanted to evict Apex Graphics to make way for a larger tenant and deliberately refused to cash the check, then sent an eviction notice claiming non-payment of rent. In court, if Realty Corp. sues for unpaid rent and eviction, Apex Graphics can assert a plea of tender. They would demonstrate that they properly offered the rent payment, which Realty Corp. refused, and that they are still ready to pay the rent. This defense would challenge the landlord's claim of non-payment and could prevent the eviction and any associated penalties for alleged default.