The inducement to a contract or other legal transaction

Question

http://www.merriam-webster.com/dictionary/consideration
6 b : the inducement to a contract or other legal transaction; specifically : an act or forbearance or the promise thereof done or given by one party in return for the act or promise of another
[M-W's Col. Dic.]

I couldn't understand the above definition. Plase help me. I don't understand what it says as a whole though I understand the meanings of individual words. I think 'inducement' is used in sense of 'motive', 'forberance' in sense of 'refraning from doing something', and thereof as 'about something which has been mentioned earlier'.

Avangi · Accepted Answer

If you form a contract, there has to be some benefit to both parties. My understanding is that if you promise to take your son to the ballgame, that's not a contract until he agrees to do something for you.

The inducement can be the carrot on the end of the stick. I suppose you could call it the reward.

So you can promise to do something good, OR, to not do something bad. The former is an act; the latter is a forbearance. (Or the promise of forbearance - forbearance, or the promise thereof)

Sorry to split the infinitive with "not," but that's the way I like it.

I see I've also broken a "rule" I just made up in a previous thread, by using "forbearance" as a countable and as an uncountable in the same phrase.

(Let's forget about that rule.)

Jackson6612 · Answer

Hi Avangi

Thank you for all the guidance.

Question 1:

6 b : the inducement to a contract or other legal transaction; specifically : an act or forbearance or the promise thereof done or given by one party in return for the act or promise of another
[M-W's Col. Dic.]

What is the referent of "thereof"? "a contract or other legal transaction"?

Question 2:

AvangiSo you can promise to do something good, OR, to not do something bad. The former is an act; the latter is a forbearance. (Or the promise of forbearance - forbearance, or the promise thereof)

Avangi, please don't think I'm splitting hairs... it's just that we all learn in different ways.

The bold parts are in relation with each other. One can 'forbear' oneself from doing something good or bad. As you pointed out that 'something' is bad, so for the sake of preciseness shouldn't it be something like 'the promise of forbearance from doing something bad'? Perhaps, you didn't say it that because it was obvious from the context.

Question 3:

AvangiI see I've also broken a "rule" I just made up in a previous thread, by using "forbearance" as a countable and as an uncountable in the same phrase.

I know you experiment a lot with your language. Well, you are free to do it. And, no problem, some rules are made to be broken. But next time I break one of them, please don't reprove me!

Avangi(Or the promise of forbearance - forbearance, or the promise thereof)

I think you are speaking of the above phrase. Which sense of 'forbearance' did you use, 2 or 3?

forbearance
1 : a refraining from the enforcement of something (as a debt, right, or obligation) that is due
2 : the act of forbearing : patience
3 : the quality of being forbearing : leniency
[M-W's Col. Dic.]

Thank you very much for all your time.

Regards
Jack

Avangi · Answer

an act or forbearance or the promise thereof

What is the referent of "thereof"? an act or forbearance (the promise of an act or the promise of a forbearance)

for the sake of preciseness shouldn't it be something like 'the promise of forbearance from doing something bad'? The inducement is specifically an act or [ a] forbearance. The definition doesn't specify that the act should be good or that the forbearance should be "from" a bad act. I added that myself to clarify how doing something and not doing something could both be considered an inducement, or at least, beneficial to the other party. I suppose you could "agree" not to report the other party for embezzlement. That would make you a good friend but a bad citizen.

by using "forbearance" as a countable and as an uncountable in the same phrase.

Actually I was taliking about this:

The former is an act; the latter is a forbearance. (Or the promise of forbearance
In the above, the first "forbearance" is countable; the second is uncountable.

I'm not comfortable with the definitions you list being applied here. I'd say it partakes of 1. and 2.

My AmHtg gives the verb: the act of refraining from something. Let me check the noun [C/U] in Cambridge.

online legal dictionary gives

n. an intentional delay in collecting a debt or demanding performance on a contract, usually for a specific period of time. Forbearance is often consideration for a promise by the debtor to pay an added amount.

http://dictionary.law.com/Default.aspx?selected=760

This description seems to include both a countable and an uncountable usage.

The Cambridge Advanced Learners gives only uncountable, and describes only the human quality.

The inducement to a contract or other legal transaction

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