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Forbearance from legal activity another issue that the courts have considered is whether forbearance from legal activity is a good consideration what if a relative of your says that if you stop complaining about how hard studying law is he will pay off your car loan do you think not complaining will be taken as a good consideration by the courts looking at the UK case law it appears that forbearance of an act can be good consideration only if you are giving up a right it appears that giving up rights can be legally sufficient benefit but giving up something you had no right to do in the first place cannot in white versus blue it 18:53 the defendant old his father money and had given him a promissory note the plaintiff the father's executors sued for the Murray the defendant claimed that his father has promised to write off the debt if he stopped complaining about the father's distribution of his assets which he had done the issue was whether forbearance from a permissible legal conduct complaining in this case sufficient consideration to create an enforceable contract the defendant had not provided consideration he had no legal right to complain so not complaining was an intangible benefit if I ask you to argue that this case will be decided differently in today's world what would be the basis for your argument let me give you a hint remember this was back in 1853 and free speech has come a long way since then don't you think it seems a little strange now to say that a person has no right to complain perhaps it would be more appropriate today to say that the son did give up a right or freedom to complain and suffered a detriment in return for the promise on this note let's look at a US case this is an American case, so it does not overrule white versus blue it, but you can certainly discuss it while arguing about the issue in hammer versus Sid way 1891 the plaintiff was promised five thousand dollars by his uncle if he refrained from drinking liquor using tobacco swearing and card or billiard for money until he should become 21 years of age the plaintiff complied the defendant the executor of the uncle's will than refused to pay again the issue was whether forbearance from a permissible legal conduct is sufficient consideration to create an enforceable contract it was held that the promise was enforceable as the plaintiff provided consideration by restricting his lawful activity
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