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forbearance in fact [1 record]

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Record 1 2015-10-23

English

Subject field(s)
  • Law of Contracts (common law)
CONT

A creditor may forbear without expressly promising to do so. The question then arises whether this actual forbearance is consideration for some promise or act of the debtor, for example for a promise by him to give security, or for the execution of a security. Sometimes actual forbearance may be evidence of an implied promise to forbear.

CONT

Nor need there be any actual promise to forbear, if such an understanding can be inferred from the circumstances and is followed by a forbearance in fact.

French

Domaine(s)
  • Droit des contrats (common law)

Spanish

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