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Simple English definitions for legal terms
tender of issue
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A quick definition of tender of issue:
Term: Tender of Issue
Definition: Tender of issue is a legal term used in common-law pleading. It refers to a form attached to a traverse, which is a type of legal pleading that denies or admits a fact. The tender of issue is used to refer the issue to the proper mode of trial. The purpose of all pleadings is to bring the parties to a single point of contention, which is affirmed by one party and denied by the other. The tender of issue is the offer made by one party to the other to accept the issue and proceed to trial.
A more thorough explanation:
Definition: Tender of issue is a form attached to a traverse in common-law pleading. It refers the issue to the proper mode of trial. The purpose of all pleadings is to bring the parties to an issue that is a single entire point, affirmed on one side and denied on the other. Tender of issue is the offer made by one party to the other to accept the issue.
Example: In a civil lawsuit, the plaintiff may file a complaint against the defendant. The defendant may then file an answer to the complaint, denying the allegations made by the plaintiff. The plaintiff may then file a reply to the defendant's answer, which includes a tender of issue. The tender of issue refers to the specific point of disagreement between the parties and offers to take the issue to trial.
Explanation: The example illustrates how tender of issue is used in common-law pleading. The plaintiff and defendant are in a dispute, and the pleadings are used to bring them to a single point of disagreement. The tender of issue is the offer made by the plaintiff to take the issue to trial, which the defendant can accept or reject.