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Legal tender



Legal tender or forced tender is payment that, by law, cannot be refused in settlement of a debt denominated in the same currency.


 


Legal tender is a status which may be conferred on certain examples of money, which may depend on circumstances including the amount of money. The term legal tender does not refer to the money itself.


 


Legal tender is a concept that is frequently misunderstood: this is often a result of differing legal definitions in different jurisdictions. Cheques, credit cards, debit cards and similar non-cash methods of payment are not generally defined as legal tender. Only specific coin and note examples of cash money are usually defined as legal tender. Some jurisdictions may, by law, forbid or otherwise restrict payment made other than by legal tender. For example, such a law might outlaw the use of foreign coins and bank notes, or require a license to perform financial transactions in a foreign currency.


 


In some jurisdictions legal tender can be refused as payment if no debt exists prior to the time of payment (for example, where the obligation to pay arises substantially contemporaneously with the offer of payment). Consequently vending machines and transport staff do not have to accept the largest denomination of banknote for a single bus fare or bar of chocolate, and even shopkeepers can reject large banknotes — this is covered by the legal concept known as invitation to treat. However, restaurants that do not collect money until after a meal is served would have to accept that legal tender for payment of the debt incurred in purchasing the meal.


 


The right, in many jurisdictions, of a trader to refuse to do business with any person means a purchaser cannot demand to make a purchase, and so declaring a legal tender other than for debts would not be effective.


Legal tender in the United States

The United States Coinage Act of 1965 states (in part):


 


United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.


31 U.S.C. § 5103.


 


With respect to private transactions, this has been construed to apply only to "payment for debts when tendered to a creditor."


 


With respect to accepting a contract offer with performance, tender requires both an offer to perform with the demonstrated ability to perform. If both requirements have been met, that is deemed acceptance by performance.


 


There being no other federal law prohibiting private businesses, persons or organizations from specifying other methods of payment they choose to accept or refuse, such entitites therefore are free to insist on payment by credit card, for example, or to refuse larger denomination banknotes. Some small stores in the United States have a policy of not accepting large notes, typically above $20, either at all or at certain times of day; this allows them to keep fairly small quantities of money in the register and deter robbery, and also serves to limit one's risk of accepting counterfeit notes. Presumably, there is no federal law precluding private businesses from choosing to reject U.S. coins and currency altogether as payment for goods and services at point-of-sale.

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