Also known as: forbearances · forbear · forbears · forbearing · forbore · forborne
Written by attorneys · grounded in primary & secondary sources — see below
The act of refraining from enforcing a right, obligation, or debt or from taking some other action. A promise that reasonably induces definite and substantial forbearance and does induce it is enforceable notwithstanding the statute of frauds if injustice can be avoided only by enforcement.
Ethan met with a grain buyer who orally promised to purchase his corn at a premium for three seasons if he switched his fields from soybeans. Ethan borrowed funds, bought specialized equipment, converted his acreage, and cancelled existing soybean contracts. When prices fell the buyer refused to perform. Ethan's forbearance from maintaining his prior contracts and his substantial investment allow enforcement of the promise to the extent justice requires.
Marco orally promised Lena a four-year lead engineer role with equity if she quit immediately and moved across the country. Lena resigned her stable position, paid moving costs, and rejected other offers. After she arrived the company refused to sign any writing. Lena's forbearance from keeping her prior job and her definite relocation steps support limited enforcement of the promise to avoid injustice.
Select any source to read its text and confirm it supports the definition.
Red Owl Stores orally assured Hoffman financing for a franchise if he acquired a suitable property and gained experience. Hoffman sold his bakery, purchased a small store, and declined competing offers while preparing the site. When financing fell through Hoffman sought recovery. His forbearance from pursuing other business ventures and his property acquisition constitute the substantial action that can render the promise enforceable.
A supplier notified a partnership of default on equipment financing and began repossession talks. Marvin joined as an investor partner and participated in forbearance discussions to delay repossession while new revenue was sought. The supplier later sued. Marvin's forbearance from immediate legal challenge and his participation in the delay negotiations illustrate the type of reliance that can affect personal liability analysis.
A sugar refiner orally promised a grower continued purchases if the grower expanded acreage and refrained from selling to competitors. The grower invested in new fields and turned away other buyers. When the refiner later refused to buy the expanded crop the grower sued. The grower's forbearance from alternative sales channels and the resulting investment support enforcement of the promise to prevent injustice.
An insurer orally assured a policyholder that it would forbear denying coverage on a disputed loss if the policyholder submitted additional documentation and delayed filing suit. The policyholder gathered records and postponed litigation. When the insurer later denied the claim the policyholder sought enforcement. The policyholder's forbearance from prompt suit and the preparation of documents constitute the action that can make the promise enforceable.
The forbearance must be definite and substantial in character relative to the remedy sought, reasonable, and foreseeable to the promisor. Courts also consider whether other remedies such as restitution would suffice and whether the forbearance corroborates the promise by clear and convincing evidence.
Yes. Forbearance from enforcing a legal right such as suing on a debt constitutes a legal detriment when bargained for and induced by the promise, even if the forbearance confers a benefit on the promisee and causes no economic loss to the promisor.
No. A promise that should reasonably induce forbearance and that does induce it is enforceable notwithstanding the statute of frauds if injustice can be avoided only by enforcement, though any remedy is limited as justice requires.
…any man disturb the peace, the happiness, or safety of society. And that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other." Committee Draft of the Virginia Declaration of Rights, 1 Papers of George Mason 284-285 (R. Rutland ed. 1970) (emphasis added). Mason's proposal did…