Legal Definitions - tout temps prist et encore prist

Definition: Tout temps prist et encore prist is a term used in common-law pleading. It refers to the clause in a plea of tender that states the pleader has always been ready to pay. A plea of tender is a pleading that asserts the defendant has consistently been willing to pay the debt demanded, has offered it to the plaintiff, and has brought the money into court ready to pay the plaintiff.

Example: John is being sued by Jane for $500. John files a plea of tender, stating that he has always been ready to pay the debt and has brought the money to court to pay Jane. John uses the term tout temps prist et encore prist in his plea of tender to emphasize that he has always been ready to pay.

Explanation: The example illustrates how tout temps prist et encore prist is used in a plea of tender. John is asserting that he has always been ready to pay the debt and has brought the money to court to pay Jane. By using this term, John is emphasizing that he has consistently been willing to pay and has not delayed payment.