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 Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal document that aims to release and indemnify parties from any liability arising out of an incident involving a minor child. This comprehensive agreement is generally entered into between the parents or legal guardians of the minor and the responsible party or parties involved. Keywords: Montana, Covenant Not to Sue, Parents, Claim, Minor Child 1. Types of Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child: a) General Montana Covenant Not to Sue: This type of covenant is commonly used when parents wish to release all parties involved from any liability or potential legal action resulting from an incident involving their minor child. It provides broad protections against any claims, damages, or expenses that may arise in the future related to the incident. b) Montana Covenant Not to Sue with Limitations: This type of covenant is specifically tailored to limit the release of liability for certain parties or under specific circumstances. It may be used when parents want to exempt certain individuals or entities from the covenant, or when they wish to maintain the ability to pursue legal action under certain conditions. c) Montana Covenant Not to Sue with Financial Settlement: In some cases, parents may opt for a covenant that includes a financial settlement. This arrangement allows the parents to release the responsible parties from liability in exchange for a predetermined monetary compensation. The settlement amount is agreed upon by all parties involved and is usually intended to cover any medical expenses or other damages incurred by the minor. d) Montana Covenant Not to Sue as part of a Legal Settlement: This type of covenant is typically included within a broader legal settlement agreement. It provides the parents' assurance that they will not pursue any further legal action against the responsible party, and serves as a key component of resolving the dispute or incident involving their minor child. It is important to note that these variations of the Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child may have different names or formats depending on the specific circumstances or legal requirements involved. Seeking professional legal advice is strongly recommended ensuring the document's validity and effectiveness.A Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal document that aims to release and indemnify parties from any liability arising out of an incident involving a minor child. This comprehensive agreement is generally entered into between the parents or legal guardians of the minor and the responsible party or parties involved. Keywords: Montana, Covenant Not to Sue, Parents, Claim, Minor Child 1. Types of Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child: a) General Montana Covenant Not to Sue: This type of covenant is commonly used when parents wish to release all parties involved from any liability or potential legal action resulting from an incident involving their minor child. It provides broad protections against any claims, damages, or expenses that may arise in the future related to the incident. b) Montana Covenant Not to Sue with Limitations: This type of covenant is specifically tailored to limit the release of liability for certain parties or under specific circumstances. It may be used when parents want to exempt certain individuals or entities from the covenant, or when they wish to maintain the ability to pursue legal action under certain conditions. c) Montana Covenant Not to Sue with Financial Settlement: In some cases, parents may opt for a covenant that includes a financial settlement. This arrangement allows the parents to release the responsible parties from liability in exchange for a predetermined monetary compensation. The settlement amount is agreed upon by all parties involved and is usually intended to cover any medical expenses or other damages incurred by the minor. d) Montana Covenant Not to Sue as part of a Legal Settlement: This type of covenant is typically included within a broader legal settlement agreement. It provides the parents' assurance that they will not pursue any further legal action against the responsible party, and serves as a key component of resolving the dispute or incident involving their minor child. It is important to note that these variations of the Montana Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child may have different names or formats depending on the specific circumstances or legal requirements involved. Seeking professional legal advice is strongly recommended ensuring the document's validity and effectiveness.