|n.||1.||One who tends; one who takes care of any person or thing; a nurse.|
|2.||(Naut.) A vessel employed to attend other vessels, to supply them with provisions and other stores, to convey intelligence, or the like.|
|3.||A car attached to a locomotive, for carrying a supply of fuel and water.|
|v. t.||1.||(Law) To offer in payment or satisfaction of a demand, in order to save a penalty or forfeiture; |
|2.||To offer in words; to present for acceptance.|
|n.||1.||(Law) An offer, either of money to pay a debt, or of service to be performed, in order to save a penalty or forfeiture, which would be incurred by nonpayment or nonperformance; |
|2.||Any offer or proposal made for acceptance; |
|3.||The thing offered; especially, money offered in payment of an obligation.|
|a.||1.||Easily impressed, broken, bruised, or injured; not firm or hard; delicate; |
|2.||Sensible to impression and pain; easily pained.|
|3.||Physically weak; not hardly or able to endure hardship; immature; effeminate.|
|4.||Susceptible of the softer passions, as love, compassion, kindness; compassionate; pitiful; anxious for another's good; easily excited to pity, forgiveness, or favor; sympathetic.|
|5.||Exciting kind concern; dear; precious.|
|6.||Careful to save inviolate, or not to injure; - with of.|
|7.||Unwilling to cause pain; gentle; mild.|
|8.||Adapted to excite feeling or sympathy; expressive of the softer passions; pathetic; |
|9.||Apt to give pain; causing grief or pain; delicate; |
|10.||(Naut.) Heeling over too easily when under sail; - said of a vessel.|
|n.||1.||Regard; care; kind concern.|
|v. t.||1.||To have a care of; to be tender toward; hence, to regard; to esteem; to value.|
|Noun||1.||tender - something used as an official medium of payment|
Synonyms: legal tender
|2.||tender - someone who waits on or tends to or attends to the needs of another|
|3.||tender - a formal proposal to buy at a specified price|
|4.||tender - car attached to a locomotive to carry fuel and water|
|5.||tender - a boat for communication between ship and shore|
|6.||tender - ship that usually provides supplies to other ships|
Synonyms: supply ship
|Verb||1.||tender - offer or present for acceptance|
|2.||tender - propose a payment; "The Swiss dealer offered $2 million for the painting"|
|3.||tender - make a tender of; in legal settlements|
|4.||tender - make tender or more tender as by marinating, pounding, or applying a tenderizer; "tenderize meat"|
|Adj.||1.||tender - given to sympathy or gentleness or sentimentality; "a tender heart"; "a tender smile"; "tender loving care"; "tender memories"; "a tender mother"|
tough - not given to gentleness or sentimentality; "a tough character"
|2.||tender - hurting; "the tender spot on his jaw"|
|3.||tender - susceptible to physical or emotional injury; "at a tender age"|
|4.||tender - having or displaying warmth or affection; "affectionate children"; "caring parents"; "a fond embrace"; "fond of his nephew"; "a tender glance"; "a warm embrace"|
|5.||tender - easy to cut or chew; "tender beef"|
tough - tough to cut or chew
|6.||tender - physically untoughened; "tender feet"|
|7.||tender - (used of boats) inclined to heel over easily under sail|
|8.||tender - (of plants) not hardy; easily killed by adverse growing condition; "tender green shoots"|
TENDER, contracts, pleadings. A tender is an offer to do or perform an act
which the party offering, is bound to perform to the party to whom the offer
2. A tender may be of money or of specific articles; these will be separately considered. Sec. 1. Of the lender of money. To make la valid tender the following requisites are necessary: 1. It must be made by a person capable of paying: for if it be made by a stranger without the consent of the debtor, it will be insufficient. Cro. Eliz. 48, 132; 2 M. & S. 86; Co. Lit. 206.
3.-2. It must be made to the creditor having capacity to receive it, or to his authorized agent. 1 Camp. 477; Dougl. 632; 5 Taunt. 307; S. C. 1 Marsh. 55; 6 Esp. 95; 3 T. R. 683; 14 Serg. & 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 S. C. 14 E. C. L. R. 386; 1 M. & W. 310; M. & M. 238; 1 Esp. R. 349 1 C. & P. 365
4.-3. The whole sum due must be offered, in the lawful coin of the United States, or foreign coin made current by law; 2 N. & M. 519; and the offer must be unqualified by any circumstance whatever. 2 T. R. 305; 1 Campb. 131; 3 Campb. 70; 6 Taunt. 336; 3 Esp. C. 91; Stark. Ev. pt. 4, page 1392, n. g; 4 Campb. 156; 2 Campb. 21; 1 M. & W. 310. But a tender in bank notes, if not objected to on that account, will be good. 3 T. R. 554; 2 B. & P. 526; 1 Leigh's N. P. c. 1, S. 20; 9 Pick. 539; see 2 Caines, 116; 13 Mass. 235; 4 N. H. Rep. 296; 10 Wheat 333. But in such case, the amount tendered must be what is due exactly, for a tender of a five dollar note, demanding change, would not be a good tender of four dollars. 3 Campb. R. 70; 6 Taunt. R. 336; 2 Esp. R. 710; 2 D. & R. 305; S. C. 16 E. C. L. R. 87. And a tender was held good when made by a check contained in a letter, requesting a receipt in return which the plaintiff sent back demanding a larger sum, without objecting to the nature of the tender. 8 D. P. C. 442. When stock is to be tendered, everything must be done by the debtor to enable him to transfer it, but it is not absolutely requisite that it should be transferred. Str. 504, 533, 579.
5.-4. If a term had been stipulated in favor of a creditor, it must be expired; the offer should be made at the time agreed upon for the performance of the contract if made afterwards, it only goes in mitigation of damages, provided it be made before suit brought. 7 Taunt. 487; 8 East, R. 168; 5 Taunt. 240; 1 Saund. 33 a, note 2. The tender ought to be made before daylight is entirely gone. 7 Greenl. 31.
6.-5. The condition on which the debt was contracted must be fulfilled.
7.-6. The tender must be made at the place agreed upon for the payment, or, if there be no place appointed for that purpose, then to the creditor or his authorized agent. 8 John. 474; Lit. Sel. Cas. 132; Bac. Ab. h.t. c.
8. When a tender has been properly made, it is a complete defence to the action but the benefit of a tender is lost, if the creditor afterwards demand the thing due from the debtor, and the latter refuse to pay it. Kirby, 293.
9.-Sec. 2. Of the tender of specific articles. It is a rule that specific articles maybe tendered at some particular place, and not, like money, to the person of the creditor wherever found. When no place is expressly mentioned in the contract, the place of delivery is to be ascertained by the intent of the parties, to be collected from the nature of the case and its circumstances. If, for example, the contract is for delivery of goods from the seller to the buyer on demand, the former being the manufacturer of the goods or a dealer in them, no place being particularly named, the manufactory or store of the seller will be considered as the place intended, and a tender there will be sufficient. When the specific articles are at another place at the time of sale, that will be the place of delivery. 2 Greenl. Ev. Sec. 609 4 Wend. 377; 2 Applet. 325.
10. When the goods are cumbrous, and the place of delivery is not designated, nor to be inferred from the circumstances, it is presumed that it was intended that they should be delivered at any place which the creditor might reasonably appoint; if the creditor refuses, or names an unreasonable place, the debtor may select a proper place, and having given notice to the creditor, deliver the goods there. 2 Kent, Comm. 507; 1 Greenl. 120; Chip. on Contr. 51 13 Wend. 95; 2 Greenl. Ev. Sec. 610. Vide, generally, 20 Vin., Ab. 177; Bac. Ab. h.t.; 1 Sell. 314; Com. Dig. Action upon the case upon Assumpsit, H 8 Condition, L 4 Pleader, 2 G 2-2 W, 28,49-3 K 23-3 M 36; Chipm, on Contr. 31, 74; Ayl. Pand. B. 4, t. 29; 7 Greenl. 31 Bouv. Inst. Index, h.t.