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. Anderson, W.S.. 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
not to sue — See covenant not to sue … Ballentine's law dictionary
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