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A covenant not to execute is a contract where a defendant admits to liability and a set amount of damages, and the plaintiff agrees not to seek a judgment against the defendant based on that admission.
When a party fails to perform in the manner called for in the contract, a breach occurs. When a party expressly declares before the time for performance arrives that the contract will not be performed, such a declaration is called an anticipatory repudiation. You just studied 55 terms!
An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. The individual making the promise or agreement is known as the covenantor, and the individual to whom such promise is made is called the covenantee.
A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.
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Legally, one party's failure to fulfill any of its contractual obligations is known as a "breach" of the contract.
Legally, one party's failure to fulfill any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.
An agreement not to sue, also called a covenant not to sue, in which the party seeking damages agrees not to sue the party that it has cause against. A covenant not to sue may indicate that the potential claimant will never sue or it may indicate that the claimant will postpone a lawsuit for a defined period of time.
Covenant Not to Sue vs. A release is a waiver or relinquishment of a known right. A release of liability will relinquish or destroy the injured party's cause of action. A covenant not to sue, on the other hand, is not a waiver of a known right; nothing is relinquished or destroyed.
A covenant is a spiritual agreement rather than a legally enforceable contract. A covenant is a promise whereas a contract is a binding agreement between two or more parties. A covenant is a long-term guarantee, but a contract is a one-time commitment that may be broken.