TERMIUM Plus®
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FORBEARANCE FACT [2 records]
Record 1 - internal organization data 2015-10-23
Record 1, English
Record 1, Subject field(s)
- Law of Contracts (common law)
Record 1, Main entry term, English
- forbearance in fact
1, record 1, English, forbearance%20in%20fact
correct
Record 1, Abbreviations, English
Record 1, Synonyms, English
- actual forbearance 1, record 1, English, actual%20forbearance
correct
Record 1, Textual support, English
Record number: 1, Textual support number: 1 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. 2, record 1, English, - forbearance%20in%20fact
Record number: 1, Textual support number: 2 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. 3, record 1, English, - forbearance%20in%20fact
Record 1, French
Record 1, Domaine(s)
- Droit des contrats (common law)
Record 1, Main entry term, French
- abstention de fait
1, record 1, French, abstention%20de%20fait
correct, feminine noun
Record 1, Abbreviations, French
Record 1, Synonyms, French
Record 1, Textual support, French
Record 1, Spanish
Record 1, Textual support, Spanish
Record 2 - internal organization data 2015-05-21
Record 2, English
Record 2, Subject field(s)
- Law of Contracts (common law)
Record 2, Main entry term, English
- invented consideration
1, record 2, English, invented%20consideration
correct
Record 2, Abbreviations, English
Record 2, Synonyms, English
- inventing consideration 1, record 2, English, inventing%20consideration
correct
Record 2, Textual support, English
Record number: 2, Textual support number: 1 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... 1, record 2, English, - invented%20consideration
Record 2, French
Record 2, Domaine(s)
- Droit des contrats (common law)
Record 2, Main entry term, French
- contrepartie fictive
1, record 2, French, contrepartie%20fictive
correct, feminine noun
Record 2, Abbreviations, French
Record 2, Synonyms, French
Record 2, Textual support, French
Record 2, Spanish
Record 2, Textual support, Spanish
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© Public Services and Procurement Canada, 2026
TERMIUM Plus®, the Government of Canada's terminology and linguistic data bank
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