Does the forfeiture doctrine apply where there is no forfeiture?
California, United States of America
The following excerpt is from S. Cal. Sch. of Theology v. Claremont Graduate Univ., 274 Cal.Rptr.3d 180, 60 Cal.App.5th 1 (Cal. App. 2021):
The forfeiture doctrine does not apply where there is no forfeiture. ( Hendren v. Yonash (1966) 243 Cal.App.2d 672, 677, 52 Cal.Rptr. 738 ( Hendren ).) "The question in each [forfeiture] case is as to what is the contract between the parties." ( Ibid . )
[60 Cal.App.5th 10]
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