If the promisor has no right to perform an act, what is the status of forbearance as consideration?

Forbearance as consideration reflects the idea that refraining from exercising a right can be a legitimate part of a contractual agreement. However, in situations where the promisor does not have the legal right to perform the act in question, the forbearance agreement loses its validity as consideration.

The underlying principle is that forbearance must involve a legal right that the promisor is choosing to refrain from exercising. If the promisor does not have the right to perform the act, their promise to forbear does not create a valuable exchange, leading to the conclusion that it is not valid consideration. Thus, any contract or agreement based on such forbearance is not enforceable since it lacks the necessary elements that would otherwise uphold the validity of a contract.

Forbearance must involve a legitimate legal right, and without this foundation, the act of forbearance simply does not have the necessary binding force that consideration entails in contract law.