A covenant not to sue is a covenant entered into by a party who had a cause of action at the time of making it, and by which he agrees not to sue the party liable to such action. Covenants of this nature, are either covenants perpetual not to sue, or covenants not to sue for a limited time; for example, seven years.
A covenant not to sue is not a release. The difference is one of intent and grows out of the construction placed on the terms of the instrument, since a covenant not to sue is not a present abandonment or relinquishment of a right or claim but merely an agreement not to enforce an existing cause of action, and, although it may operate as a release between the parties to the agreement, it will not release a claim against joint obligors or joint tortfeasors. In the case of a release, there is an immediate discharge, whereas, in the case of a covenant not to sue, there is merely an agreement not to prosecute a suit.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Arkansas Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that parents can enter into to release an individual or entity from liability for any injuries or damages caused to their minor child. This covenant aims to protect the parties involved from potential legal disputes and ensure swift resolution in case of accidents or incidents. In Arkansas, there are different types of Covenant Not to Sue agreements that parents can consider when it comes to their minor child's claims: 1. Personal Injury Covenant Not to Sue: This type of agreement would be relevant when the minor child sustains personal injuries due to the negligence or intentional actions of another person or entity. By signing this covenant, parents are waiving their rights to bring a lawsuit against the responsible party and agreeing not to seek compensation for their child's injuries. 2. Property Damage Covenant Not to Sue: When a minor child's property is damaged or destroyed, parents may choose to enter into a covenant not to sue to resolve the matter without resorting to legal action. By agreeing not to sue, parents agree to forgo any claims related to property damage caused to their child, thereby avoiding lengthy and costly court proceedings. 3. Medical Covenant Not to Sue: This type of covenant is particularly relevant in cases where a minor child has been subjected to medical treatment that has resulted in unintended consequences or complications. By signing a medical covenant not to sue, parents agree not to pursue legal action against the healthcare provider or facility involved, acknowledging that no medical negligence or malpractice was involved. It is important to note that the specific terms and conditions of each Covenant Not to Sue agreement may vary depending on the parties involved and the circumstances of the minor child's claim. It is advisable to consult with an attorney experienced in Arkansas law to ensure that the covenant is appropriately drafted, protecting the interests of the parents and their minor child to the fullest extent possible.Arkansas Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that parents can enter into to release an individual or entity from liability for any injuries or damages caused to their minor child. This covenant aims to protect the parties involved from potential legal disputes and ensure swift resolution in case of accidents or incidents. In Arkansas, there are different types of Covenant Not to Sue agreements that parents can consider when it comes to their minor child's claims: 1. Personal Injury Covenant Not to Sue: This type of agreement would be relevant when the minor child sustains personal injuries due to the negligence or intentional actions of another person or entity. By signing this covenant, parents are waiving their rights to bring a lawsuit against the responsible party and agreeing not to seek compensation for their child's injuries. 2. Property Damage Covenant Not to Sue: When a minor child's property is damaged or destroyed, parents may choose to enter into a covenant not to sue to resolve the matter without resorting to legal action. By agreeing not to sue, parents agree to forgo any claims related to property damage caused to their child, thereby avoiding lengthy and costly court proceedings. 3. Medical Covenant Not to Sue: This type of covenant is particularly relevant in cases where a minor child has been subjected to medical treatment that has resulted in unintended consequences or complications. By signing a medical covenant not to sue, parents agree not to pursue legal action against the healthcare provider or facility involved, acknowledging that no medical negligence or malpractice was involved. It is important to note that the specific terms and conditions of each Covenant Not to Sue agreement may vary depending on the parties involved and the circumstances of the minor child's claim. It is advisable to consult with an attorney experienced in Arkansas law to ensure that the covenant is appropriately drafted, protecting the interests of the parents and their minor child to the fullest extent possible.
