Kentucky Short Form of Covenant Not to Sue

State:
Multi-State
Control #:
US-0622BG
Format:
Word; 
Rich Text
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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

Covenant Not to Sue vs. 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.

Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.

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.

A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.

A writ of possession is a court order directing the sheriff to both: 220e Seize certain property from a party. 220e During the pendency of an action, either: 220e detain the property; or 220e deliver the property to another party.

A covenant is a spiritual agreement rather than a legally enforceable contract. A covenant is a promise whereas a contract is a binding agreement between two or more parties. A covenant is a long-term guarantee, but a contract is a one-time commitment that may be broken.

Consideration should contain payment of money, some act, abstinence or promise. For a consideration to be valid there must be a promise from both sides. This means that there must be a promise by one party against the promise of the other party.

An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. The individual making the promise or agreement is known as the covenantor, and the individual to whom such promise is made is called the covenantee.

An agreement not to sue, also called a covenant not to sue, in which the party seeking damages agrees not to sue the party that it has cause against. A covenant not to sue may indicate that the potential claimant will never sue or it may indicate that the claimant will postpone a lawsuit for a defined period of time.

The general rule is that a promise to surrender or forbear from asserting a claim is consideration if the promisor's belief in the validity of the claim is either reasonable or held in good faith.

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Kentucky Short Form of Covenant Not to Sue