AMI 2429 Tender
Ark. Model Jury Instr., Civil AMI 2429
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 24. Contracts
Performance or Breach
AMI 2429 Tender
[Plaintiff/Defendant] contends that[he][she][it] did what the contract required of [him][her][it] by tendering [his][her][its] performance to [defendant/plaintiff]. “Tender” is a party's timely and good faith offer to perform under the contract and that party's present ability to immediately perform. To be effective, the tender must be made in accordance with the terms of the contract and on or before the time the performance of the party making the tender is due. In addition, the tender must be communicated to the other party.
[If the parties' contract does not specify a time for performance, the tender must be made within a reasonable time.]
[If the parties' contract does not specify the place of performance, the tender must be made at some reasonably convenient place, and the party making the tender must notify the other party of the place of tender.]
NOTE ON USE
Use the first bracketed paragraph when there is an issue as to the time for tender.
Use the second bracketed paragraph when there is an issue as to the place for tender.
COMMENT
The concept of tender involves both questions of law and fact. The trial court must first determine whether tender is required. For example, tender is not required when tender would be a vain and useless effort. Loveless v. Diehl, 235 Ark. 805, 364 S.W.2d 317 (1962); Miller v. Willey, 257 Ark. 961, 521 S.W.2d 68 (1975).
This instruction states the general rule concerning tender. See Telcoe Credit Union v. Eackles, 293 Ark. 149, 151, 732 S.W.2d 477, 478 (1987); Loveless, supra; Miller, supra; 17A Am. Jur. 2d, Contracts § 615 (1991).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
| End of Document |