covenant not to sue

covenant not to sue
A device most familiar in the law of torts, being used to prevent the release of a tortfeasor upon settling with his joint tortfeasor. 1 Am J2d Accord § 9. A covenant not to sue recognizes that the obligation or liability continues but the injured party agrees not to assert any rights grounded thereon against a particular covenantee. Atlantic Coast Line R. Co. v Boone (Fla) 85 So 2d 834, 57 ALR2d 1189. Indicia of such a covenant are: No intention on the part of the injured person to give a discharge of the cause of action, or any part thereof, but merely to treat in respect of not suing thereon, and this seems to be the prime differentiating attribute; full compensation for his injuries not received, but only partial satisfaction; and a reservation of the right to sue the other wrongdoer. Smith v Dixie Park Co. 128 Tenn 112, 120 SW 900.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • covenant not to sue — A covenant by one who has a right of action at the time of making it against another person, by which he agrees not to sue to enforce such right of action. Such covenant does not extinguish a cause of action and does not release other joint tort… …   Black's law dictionary

  • covenant not to sue — A covenant by one who has a right of action at the time of making it against another person, by which he agrees not to sue to enforce such right of action. Such covenant does not extinguish a cause of action and does not release other joint tort… …   Black's law dictionary

  • not to sue — See covenant not to sue …   Ballentine's law dictionary

  • covenant — cov·e·nant / kə və nənt/ n 1: an official agreement or compact an international covenant on human rights 2 a: a contract in its entirety or a promise within a contract for the performance or nonperformance of a particular act a covenant not to… …   Law dictionary

  • sue — To prosecute; to make legal claim; to seek for in law. The word appears to be properly applicable to civil actions and suits and to criminal prosecutions as well. Bacon says, An indictment is defined as an accusation at the suit of the king. See… …   Ballentine's law dictionary

  • Covenant (law) — Property law Part of …   Wikipedia

  • Covenant running with the land — A covenant running with the land, is a real covenant, in the law of real property. It is a nonpossessory interest in land in one form as an agreement between adjoining landowners to do something (affirmative covenant) or to refrain from doing… …   Wikipedia

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • forbearance to sue — Refraining from the commencement of an action. Abandonment of the right to institute or assert a claim in legal proceedings. 15 Am J2d Compr § 17. See covenant not to sue …   Ballentine's law dictionary


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.