Class 3 - Forbearance

Question 1

Does forbearance constitute detriment?

Answer 1

Yes, forbearance of a legal right may constitute detriment regardless of whether the forbearer benefitted from the forbearance; must be legally entitled to the right in order to forbear it.

Question 2

What constitutes evidence of forbearance?

Answer 2

Circumstantial evidence may be used to support an inference of an agreement to forbear, but it must rest on something more than the mere failure to forbear.

Question 3

Newell Forbearance Observations

Answer 3

1. Did the promisee really forbear anything in return for the promise
2. Can forbearance be measured
3. Did the promisee promise to forbear?
4. Did the promisor clearly seek the forbearance?
5. Was the forbearance regarding a lawsuit:
   a. good faith?
   b. settlement vs. extortion