Tender N.
一、釋義
1. A valid and sufficient offer of performance; specif., an unconditional offer of money or performace to satisfy a debt or obligation < a tender of delivery >. ? ?履行
The tender may save the tendering party from a penalty for nonpayment or nonperformance or may , if the other party unjustifiably refuses the tender, place the other party in default.
2. Something unconditionally offered to satisfy a debt or obligation. ?償還之物,履行的義務
3. Contracts. Attempted performance that is frustrated by the act of the party for whose benefit it is to take place. ?履行不能
The performance may take the form of either a tender of goods or services is quite similar to sense1, it differs in making the other party's refusal part of the definition itself.
4. A offer or bid put forward for acceotance <a tender dor the construction contract>. ?
5. Something that serves as a means of payment, such as coin, banknotes, or othr circulating medium; money < legal tender>. (用作清償手段的) 通貨,貨幣,法定貨幣
二、詞組精選
tender of delivery ?提供交付
A seller's putting and holding conforming goods at the buyer's disposition and giving the buyer any notification reasonably necessary to take delivery.
The manner, time, and place for tender are determined by the agreement and by Article 2 of the Uniform Commercial Code.
指出賣方將適格的貨物置于買受方的控制下,并以合理的必要方式通知買受訪使其能夠受領。在美國,交付的時間、地點和方式由雙方根據協議和《統一商法典》第二章確定,從而使對方如不及時受領即將負違約責任。
tender of performance ? 交付履行
An obligator's demonstration of readliness, willingness, and ability to perform the obligation; esp, a buyer's demonstration of readliness, willingness, and ability to pay the purchase money, or a seller's offer to deliver merchantable title.
An offer to perform is usu. necessary to hold the defaulting party to a contract liable to breach.
指合同債務人根據合同條款履行合同。其法律效果之一是當對方當事人無正當理由對之拒絕的,則構成違約,履行的一方當事人可對之追究違約責任。
perfect tender rule 完全履行規則
A seller's tender that meets the contractual terms entered into with the buyer concerning the quality and specifications of the goods sold.
依《統一商法典》的規定,出賣人應完全履行合同,否則買受人有權拒絕接受,即買受人可以拒絕受領全部或部分貨物,也可以先接受有瑕疵的貨物,然后再訴請賠償。
Cash tender offer ? 現金收購要約
A tender offer in which the bidder offers to pay cash for the target's shares, as oppsed to offering other corporate shares in exchange.
Tender of issue ?提交爭論點
Common-law pleading. A form attached to a traverse, by which the traversing party refers the issue to the proper mode of trial.
普通法訴訟上當事人答辯狀中的正式用語,通過此種方式,一方提出異議并要求以適當方式裁決之。
Tender-years doctrine ?由母親監護年幼子女原則
Family law. The doctrine holding that custody of very young children (usu. five years of ge and younger) should generally be awarded to the mother in a divorce unless she is found to be unfit.
This doctrine has been rejected in most states and replaced by a presumption of joint custody.
依據此原則,法院通常應判決母親享有對其年幼子女的監護權,除非她已被證明不適合承擔此任。但在美國的許多州,該原則已被制定法或法院判決所廢除。
(來源:Black's Law Dictionary,《元照英美法詞典》,《英漢法律用語詞典》)