Arkansas General Covenant Not to Sue

State:
Multi-State
Control #:
US-0628BG
Format:
Word; 
Rich Text
Instant download

Description

A covenant not to sue is an agreement entered into by a person who has a legal claim against another but agrees not to pursue the claim. Such a covenant does not extinguish a cause of action and does not release other joint tortfeasors even if it does not specifically reserve rights against them.
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FAQ

A formal agreement or promise, usually included in a contract or deed, to do or not do a particular act; a compact or stipulation made in writing or by parol.

Here are some fundamental differences: While a contract is legally binding, a covenant is a spiritual agreement. A contract is an agreement between parties while a covenant is a pledge. A covenant is an agreement you can break while a covenant is a perpetual promise.

The essential elements of a contract under Arkansas law include (1) competent parties, (2) subject matter, (3) legal consideration, (4) mutual agreement, and (5) mutual obligations.

As nouns the difference between covenant and agreement is that covenant is (legal) an agreement to do or not do a particular thing while agreement is (countable) an understanding between entities to follow a specific course of conduct.

A covenant is a rule which states what can and cannot be done on the land. They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land.

A covenant not to sue is a legal agreement in which the party seeking damages agrees not to sue the party that it has cause against.

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 formal agreement or promise, usually included in a contract or deed, to do or not do a particular act; a compact or stipulation made in writing or by parol.

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.

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Arkansas General Covenant Not to Sue