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.
A Louisiana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child refers to a legal agreement between parents or legal guardians, the child, and a potential defendant, where the parents agree not to sue the defendant on behalf of their minor child for any claims arising from an incident or injury. This covenant serves as a waiver or release of any legal claims that the parents might otherwise pursue for the child's injuries or damages. In Louisiana, there are two common types of Covenants Not to Sue by Parents Regarding a Claim of Their Minor Child: 1. Covenant Not to Sue (Hierarchical): This type of covenant involves cases where a minor child sustains an injury or harm due to the negligence or wrongful act of a superior, such as a teacher, coach, or other authority figure. The parents waive their right to sue the superior, and in return, the superior may agree to provide compensation or fulfill certain obligations to the child. 2. Covenant Not to Sue (Vicarious Liability): In cases where a minor child is injured due to the negligence or wrongful act of a third party, such as in a car accident or on someone else's property, parents often need to sign a covenant not to sue. By signing this agreement, the parents agree not to hold the third party responsible for their child's injuries, absolving them of any liability. It is important to note that a Louisiana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legally binding agreement and should be carefully reviewed and drafted by legal professionals to ensure it appropriately protects the child's rights and does not inadvertently jeopardize future legal claims or compensation that the child may be entitled to. Keywords: Louisiana, Covenant Not to Sue, Parents, Claim, Minor Child, Legal Agreement, Waiver, Release, Injuries, Damages, Negligence, Wrongful Act, Superior, Vicarious Liability, Compensation, Legal Claims, Legal Professionals.A Louisiana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child refers to a legal agreement between parents or legal guardians, the child, and a potential defendant, where the parents agree not to sue the defendant on behalf of their minor child for any claims arising from an incident or injury. This covenant serves as a waiver or release of any legal claims that the parents might otherwise pursue for the child's injuries or damages. In Louisiana, there are two common types of Covenants Not to Sue by Parents Regarding a Claim of Their Minor Child: 1. Covenant Not to Sue (Hierarchical): This type of covenant involves cases where a minor child sustains an injury or harm due to the negligence or wrongful act of a superior, such as a teacher, coach, or other authority figure. The parents waive their right to sue the superior, and in return, the superior may agree to provide compensation or fulfill certain obligations to the child. 2. Covenant Not to Sue (Vicarious Liability): In cases where a minor child is injured due to the negligence or wrongful act of a third party, such as in a car accident or on someone else's property, parents often need to sign a covenant not to sue. By signing this agreement, the parents agree not to hold the third party responsible for their child's injuries, absolving them of any liability. It is important to note that a Louisiana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legally binding agreement and should be carefully reviewed and drafted by legal professionals to ensure it appropriately protects the child's rights and does not inadvertently jeopardize future legal claims or compensation that the child may be entitled to. Keywords: Louisiana, Covenant Not to Sue, Parents, Claim, Minor Child, Legal Agreement, Waiver, Release, Injuries, Damages, Negligence, Wrongful Act, Superior, Vicarious Liability, Compensation, Legal Claims, Legal Professionals.
