Section 29 Tender

• Library: Remedies 2006

In this context, a tender is an offer, by words or deeds, to resolve the conflict by a chosen remedy. The party who seeks rescission must be ready to return to the position they were in before the document was executed. First Nat’l Bank of West Plains v. King, 363 S.W.2d 590, 596 (Mo. 1963). And they must convey that readiness in the form of tender. They may convey it to the court or before filing suit. There are two aspects of tender that might factor into the remedy of rescission. First, if the court finds that tender has been made and accepted, by either words or conduct, the court may impute an election of the remedy. Davis v. Cleary Bldg. Corp., 143 S.W.3d 659 (Mo. App. W.D. 2004). And the imputation may be different than what the party requested in court. Id. In Davis, the court found...