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.
In Oklahoma, a covenant not to sue by parents regarding a claim of their minor child is a legal document that parents can enter into to waive their right to file a lawsuit on behalf of their child for injuries or damages sustained. This covenant is usually created to settle disputes and prevent future litigation. The Oklahoma covenant not to sue by parents is an agreement between the parents and the responsible party, which could be an individual, organization, or entity. By signing this agreement, the parents release the responsible party from any liability, meaning they cannot hold them legally accountable for the injuries or damages suffered by their minor child. This covenant not to sue is a way for parents to resolve disputes and avoid the time-consuming and costly process of filing a lawsuit. It allows them to settle the matter amicably and potentially receive compensation or other forms of resolution without involving the court system. There are several types of Oklahoma covenant not to sue by parents, each tailored to specific circumstances: 1. Personal Injury Covenant Not to Sue: This type of covenant relates to situations where the child has suffered physical injuries or harm due to the negligence or intentional acts of another party. By entering into this agreement, the parents waive their right to pursue legal action against the responsible party. 2. Property Damage Covenant Not to Sue: In cases where the child's property has been damaged or destroyed, such as a vehicle accident or personal belongings, this covenant allows parents to waive their right to file a claim for compensation or damages. 3. Medical Malpractice Covenant Not to Sue: If the child has experienced medical negligence or malpractice, this type of covenant prevents the parents from suing healthcare providers or facilities for any harm caused to their child during treatment. 4. School-related Covenant Not to Sue: This variant of the covenant applies to situations occurring within the educational setting. It may include incidents such as accidents on school premises, injuries during extracurricular activities, or misconduct by school staff. 5. Product Liability Covenant Not to Sue: When a product has caused harm or injury to a minor child, this specific type of covenant not to sue restricts the parents from seeking legal action against the manufacturer, distributor, or retailer of the product. Overall, the Oklahoma covenant not to sue by parents regarding a claim of their minor child serves as a legal tool to resolve disputes and mitigate potential legal battles. It provides parents with an option to find resolution outside the court system and promote settlement agreements that are mutually beneficial for all parties involved.In Oklahoma, a covenant not to sue by parents regarding a claim of their minor child is a legal document that parents can enter into to waive their right to file a lawsuit on behalf of their child for injuries or damages sustained. This covenant is usually created to settle disputes and prevent future litigation. The Oklahoma covenant not to sue by parents is an agreement between the parents and the responsible party, which could be an individual, organization, or entity. By signing this agreement, the parents release the responsible party from any liability, meaning they cannot hold them legally accountable for the injuries or damages suffered by their minor child. This covenant not to sue is a way for parents to resolve disputes and avoid the time-consuming and costly process of filing a lawsuit. It allows them to settle the matter amicably and potentially receive compensation or other forms of resolution without involving the court system. There are several types of Oklahoma covenant not to sue by parents, each tailored to specific circumstances: 1. Personal Injury Covenant Not to Sue: This type of covenant relates to situations where the child has suffered physical injuries or harm due to the negligence or intentional acts of another party. By entering into this agreement, the parents waive their right to pursue legal action against the responsible party. 2. Property Damage Covenant Not to Sue: In cases where the child's property has been damaged or destroyed, such as a vehicle accident or personal belongings, this covenant allows parents to waive their right to file a claim for compensation or damages. 3. Medical Malpractice Covenant Not to Sue: If the child has experienced medical negligence or malpractice, this type of covenant prevents the parents from suing healthcare providers or facilities for any harm caused to their child during treatment. 4. School-related Covenant Not to Sue: This variant of the covenant applies to situations occurring within the educational setting. It may include incidents such as accidents on school premises, injuries during extracurricular activities, or misconduct by school staff. 5. Product Liability Covenant Not to Sue: When a product has caused harm or injury to a minor child, this specific type of covenant not to sue restricts the parents from seeking legal action against the manufacturer, distributor, or retailer of the product. Overall, the Oklahoma covenant not to sue by parents regarding a claim of their minor child serves as a legal tool to resolve disputes and mitigate potential legal battles. It provides parents with an option to find resolution outside the court system and promote settlement agreements that are mutually beneficial for all parties involved.