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.
Keywords: Kentucky, covenant not to sue, parents, minor child, claim, description, types Description: The Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that outlines the parents' decision not to file a lawsuit on behalf of their minor child regarding a specific claim or injury. This covenant is designed to protect the interest of the child while also avoiding potential legal battles. There are generally two types of Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child: 1. General Covenant: This type of covenant provides broad protection for the child, encompassing all potential claims or injuries that may arise. It aims to prevent the parents from pursuing legal action on behalf of their child for any reason during their minority. 2. Specific Covenant: This type of covenant is more limited in scope and applies to a specific claim or injury. It is often used when there is an existing dispute or potential legal action, and the parents wish to avoid going through the lengthy and costly litigation process. In both types of covenants, the parents acknowledge that they have thoroughly considered all available options and have voluntarily chosen not to bring a claim on behalf of their minor child. By signing the covenant, the parents waive their right to pursue legal action and agree to release any potential defendants from liability for the specified claim. It is important to note that these covenants are legally binding agreements and should be drafted by a qualified attorney to ensure their validity and enforceability. Additionally, covenants not to sue may have certain limitations and may not protect against claims arising from intentional misconduct or gross negligence. In summary, the Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is an agreement that allows parents to waive their right to sue on behalf of their child for a specific claim or injury. By doing so, the parents aim to protect their child's best interests while avoiding the complexities and uncertainties of litigation.Keywords: Kentucky, covenant not to sue, parents, minor child, claim, description, types Description: The Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that outlines the parents' decision not to file a lawsuit on behalf of their minor child regarding a specific claim or injury. This covenant is designed to protect the interest of the child while also avoiding potential legal battles. There are generally two types of Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child: 1. General Covenant: This type of covenant provides broad protection for the child, encompassing all potential claims or injuries that may arise. It aims to prevent the parents from pursuing legal action on behalf of their child for any reason during their minority. 2. Specific Covenant: This type of covenant is more limited in scope and applies to a specific claim or injury. It is often used when there is an existing dispute or potential legal action, and the parents wish to avoid going through the lengthy and costly litigation process. In both types of covenants, the parents acknowledge that they have thoroughly considered all available options and have voluntarily chosen not to bring a claim on behalf of their minor child. By signing the covenant, the parents waive their right to pursue legal action and agree to release any potential defendants from liability for the specified claim. It is important to note that these covenants are legally binding agreements and should be drafted by a qualified attorney to ensure their validity and enforceability. Additionally, covenants not to sue may have certain limitations and may not protect against claims arising from intentional misconduct or gross negligence. In summary, the Kentucky Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is an agreement that allows parents to waive their right to sue on behalf of their child for a specific claim or injury. By doing so, the parents aim to protect their child's best interests while avoiding the complexities and uncertainties of litigation.
