Forbearance

Definition of Forbearance

Refraining from doing something that one has a legal right to do. Giving of further time for repayment of obligation or agreement not to enforce claim at its due date. Crestwood Lumber Co. v. Citizens Sav. & Loan Ass’n, 83 C.A.3d 819, 148 CaLRptr. 129, 131. A delay in enforcing a legal right. Act by which creditor waits for payment of debt due him by debtor after it becomes due. Upton v. Gould, 64 Cal.App.2d 814, 149 P.2d 731, 733.

Refraining from action. The term is used in this sense in general jurisprudence, in contradistinction to "act.”

Within usury law, term signifies contractual obligation of lender or creditor to refrain, during given period of time, from requiring borrower or debtor to repay loan or debt then due and payable. Hafer v. Spaeth, 22 Wash.2d 378, 156 P.2d 408, 411.

As regards forbearance as a form of consideration, see Consideration.

That's the definition of Forbearance in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.