Legal Term: FORBEARANCE

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

2. When the creditor agrees to forbear with his debtor, this is a sufficient consideration to support an assumpsit made by the debtor. 4 John. R. 237, 2. Nott & McCord, 133, 2 Binn. R. 510, Com. Dig. Action upon the case upon assumpsit, B 1, Danes Ab. Index, h. t., 1 Leighs N. P. 31, 1 Penna. R. 385, 4 Wash. C. C. R. 148, 5 Rawles R. 69.

3. 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. 4 East, 455 5 B. & Ald. 123. See 1 B. & A. 605 Burge on Sur. 12, 13. Vide Giving time. FORCE. A power put in motion. It is: 1. Actual, or 2. Implied.

2. - 1. If a person with force break a door or gate for an illegal purpose, it is lawful to oppose force to force, and if one enter the close of another, vi et armis, he may be expelled immediately, without a previous request, for there is no time to make a request. 2 Salk. 641, 8 T. R. 78, 357. And see tit. Battery, 2. When it is necessary to rely upon actual force in pleading, as in the case of a forcible entry, the words "manu forti," or with a strong hand should be adopted. 8 T. R. 357 358. But in other cases, the words "vi et armis," or " with force and arms," is sufficient. Id.

3. - 2. The entry into the ground of another, without his consent, is breaking his close, for force is implied in every trespass quare clausum fregit. 1 Salk. 641, Co. Litt. 257, b, 161, b, 162, a, 1 Saund: 81, 140, n. 4 8 T: R. 78, 358, Bac. Ab. Trespass, this Dict. tit. Close. In the case of false imprisonment, force is implied. 1 N. R. 255. And the same rule prevails where a wife, a daughter or servant, have been enticed away or debauched, though in fact they consented, the law considering them incapable of consenting. See 3 Wils. 18, Fitz. N. B. 89, 0, 5 T. R. 361, 6 East, 387, 2 N. R. 365, 454.

4. In general, a mere nonfeasance cannot be considered as forcible, for where there has been no act, there cannot be force, as in the case of the mere detention of goods without an unlawful taking. 2 Saund. 47, k 1. In general, by force is understood unlawful violence. Co. Litt. 161, b., Bouv. Inst. Index, h. t. Vide Arms.

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