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FORBEARANCE FACT [2 records]

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

Save record 1

Record 2 2015-05-21

English

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

Normally, a party enters into a contract with a view to obtaining the consideration provided by the other : for example, the buyer wants the goods and the seller the price. In the United States it has been said that this is essential, and that "nothing is consideration that is not regarded as such by both parties. "But English courts do not insist on this requirement and often regard an act or forbearance as the consideration for a promise even though it was not the object of the promisor to secure it. They may also regard the possibility of some prejudice to the promisee as a detriment without regard to the question whether it has in fact been suffered. These practices may be called inventing consideration...

French

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

Spanish

Save record 2

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