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

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  • Military Covenant — The Military Covenant is a term introduced in 2000 into British public life to refer to the mutual obligations between the nation and its Armed Forces. According to the Guardian, it is an informal understanding, rather than a legally enforceable… …   Wikipedia

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