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.
Missouri Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is a legal agreement that parents can enter into, which prohibits them from filing a lawsuit on behalf of their minor child against a specific individual or entity. This type of covenant is often used to settle or prevent potential litigation involving children. The purpose of the Missouri Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child is to provide protection and avoid the time, stress, and financial burden associated with pursuing legal action. By signing this agreement, parents agree to release any claims or potential claims that they or their minor child may have against a particular party. There are various types of situations where a Missouri Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child may arise. Some common examples include: 1. School-related incidents: This type of covenant may be used when a child is involved in a school-related accident or injury. It can prevent parents from bringing a lawsuit against the school or educational institution. 2. Sports and recreational activities: Parents may sign a covenant not to sue in cases where their child is participating in organized sports or recreational activities. This can protect coaches, trainers, and facility owners from potential legal action. 3. Medical procedures: In certain situations, parents may be asked to sign a covenant not to sue before their child undergoes a medical procedure, especially if there are known risks or potential complications. This can provide protection to healthcare providers and facilities. It is important to note that these covenants are legally binding agreements, and once signed, parents typically forfeit their right to seek legal action on behalf of their minor child for any covered incidents. However, it is advisable for parents to carefully review and understand the terms and conditions of the covenant before signing, as they may vary depending on the specific circumstances and parties involved. The Missouri Covenant Not to Sue by Parents Regarding a Claim of Their Minor Child serves as a valuable tool in avoiding unnecessary litigation and promoting dispute resolution through alternative means. It allows parents to prioritize their child's well-being while providing a level of assurance to potential defendants.
