Legal Definitions - tender of issue

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.