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.
Maine Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that releases another party from liability for any injuries or damages caused to the minor child, preventing the parents from filing a lawsuit or claim against the responsible party. This covenant can be relevant in various situations involving minor children, such as accidents, injuries, or medical malpractice. In the state of Maine, there are different types of covenants not to sue by parents regarding a claim of their minor child that can be used depending on the specific circumstances: 1. General Maine Covenant Not to Sue: This type of covenant is a broad agreement that covers a wide range of potential claims that may arise on behalf of the minor child. By signing this agreement, the parents release the responsible party from any legal action related to previous or future injuries or damages. 2. Specific Maine Covenant Not to Sue: This type of covenant is more narrowly focused on a specific incident or party. It may be used when there is a specific incident or event that led to the injury or damage suffered by the minor child. By signing this agreement, the parents relinquish their right to sue that particular party for the incident in question. 3. Medical Maine Covenant Not to Sue: This type of covenant is specific to cases involving medical treatment or procedures that result in harm to the minor child. It releases the healthcare provider, hospital, or medical facility from any liability for any medical complications, injuries, or adverse outcomes that may occur during or after treatment. 4. Sports or Recreational Maine Covenant Not to Sue: This type of covenant is commonly used in sports or recreational activities involving minor children, such as participating in summer camps, school sports, or organized events. By signing this agreement, the parents waive their right to sue for any injuries or damages resulting from the child's participation in the specified activities. It is essential to consult with an attorney familiar with Maine law to ensure that the covenant not to sue is drafted correctly and covers all necessary aspects to protect the interests of the minor child.
