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Forbearance from legal activity is a key issue that courts consider in determining if there is valid consideration in a contract. In the UK case law of White v Blue, the court found that forbearance of an act can be considered valid consideration only if a right is being given up. Giving up rights can be legally sufficient benefit, but giving up something you had no right to do originally may not be considered valid consideration. In the case of White v Blue, the defendant claimed his father promised to forgive a debt if he stopped complaining about how the father distributed his assets. The court had to determine whether forbearance from permissible legal conduct constituted valid consideration in the contract.
