Duhaime's Law Dictionary


Tender of Amends Definition:

An offer to settle an emerging claim.

Related Terms: Demand Letter

The meaning and scope of a lovely-worded tender of amends, is apparent from a reading of the proposed form of the pleadings of a tender of amends, circa 1947:

"To John Doe. Take notice that I, as solicitor for and on behalf of James Martin, herewith tender to you the sum of £____ as amends for the following alleged matters of complaint by you (specify here the matter or matters in respect of which the amends are tendered).

"This tender of amends is not to be construed as involving any admission by me that I am under any legal liability to you in respect of the said alleged matters of complaint, or that any allegation concerning the same made by you is true.

"The said sum of £____, if accepted by you is to accepted in full satisfaction and discharge of all claims by you in respect of the said alleged matter of complaint."

This chess match of legalese can keep going as there's also a form to invite a tender of amends with the delightful title of NOTICE GIVING OPPORTUNITY OF TENDERING AMENDS BEFORE ACTION BROUGHT. This smacks of a demand letter, seeking, within a specified period of time, a payment of an amount of money as a tender of amends, failing which, legal action would commence.

{Editor's note: With some changes on points of detail, the wording, especially of the tender of amends, might have some very practical application in those in the field of marriage counseling or of Valentine Day greeting card writing.}

Refererences & Citations:

  • Bowie, Percy, Chitty's Forms of Civil Proceedings in the King's Bench Division of the High Court of Justice, 17th Ed. (London: Sweet & Maxwell, 1947).

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