Forbearance

The act by which a creditor waits for the payment of the debt due him by the debtor, after it has become due.

When the creditor agrees to forbear with his debtor, this is a sufficient consideration to support an assumpsit made by the debtor.

The forbearance must be of some right which can be enforces with effect against the party forborne; if it cannot be so enforced by the party forbearing, he has sustained no detriment and the party forborne has derived no benefit.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.