Contract Law Forbearance In Pennsylvania
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The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
For example, forbearance can be helpful if your home was damaged in a natural disaster, you had unexpected medical costs, or you lost your job. Forbearance does not erase or decrease the amount you owe on your mortgage. You have to repay any missed or reduced payments.
Your servicer will assess your situation to determine if you qualify for forbearance. Typically, you'll need to demonstrate financial hardship, such as job loss, illness, or other circumstances that make it challenging to meet your mortgage obligations.
It is well settled that forbearance or an agreement to forbear prosecu- tion or institution of legal or equitable proceedings to enforce a legal or equitable demand, either absolutely or for a certain time or for a reasonable time is sufficient consideration.
Types: Consideration could be a promise, performance, forbearance, or property with legal value, but the economic benefit is not required. A gift or gratuitous promise cannot be a consideration for they have no bargaining. The past performance also cannot be a consideration as there is no exchange.
At common law, past consideration doesn't count, but no consideration is necessary in these cases: where a promise barred by the statute of limitations is revived, where a voidable duty is reaffirmed, where there has been detrimental reliance on a promise (i.e., promissory estoppel), or where a court simply finds the ...
Performance, Forbearance, or Promise: Consideration can take the form of a performance of an act, a promise to perform an act, or a promise to refrain from doing something (forbearance). All three are valid as long as they meet the criteria of being bargained for and having legal value.
(a) General rule. --An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
