dependent covenants

dependent covenants
Covenants made by the parties to a deed or agreement which are of such character that the act covenanted to be performed enters into the whole consideration for the covenant or promise on the other part, or where the acts or covenants of the parties are concurrent and are to be performed at the same time, so that neither party can maintain an action against the other without first proving full performance on his part. 20 Am J2d Cov § 8. A "dependent covenant" in a contract for the sale of land is one which depends upon the prior performance of some act or condition or, as otherwise defined, an agreement to do or omit to do something with reference to a thing on which it depends and to which it relates. 55 Am J1st V & P § 102.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • dependent covenants — dependent, concurrent, and independent covenants Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and, until the condition is performed, the other party is …   Black's law dictionary

  • dependent covenants — dependent, concurrent, and independent covenants Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and, until the condition is performed, the other party is …   Black's law dictionary

  • dependent promises — Promises in a bilateral contract which are mutually dependent, that is, the one promise is the condition of the enforcement of the other. 17 Am J2d Come § 322; 55 Am J1st V & P § 102. See dependent covenants …   Ballentine's law dictionary

  • dependent stipulations — Mutual agreements which go to the whole of the consideration on both sides of a contract. 55 Am J1st V & P § 102. See dependent covenants; dependent promises …   Ballentine's law dictionary

  • dependent contract — A contract the performance of which depends upon the performance of another contract. See dependent covenants …   Ballentine's law dictionary

  • dependent, concurrent, and independent covenants — Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and, until the condition is performed, the other party is not liable to an action on his covenant. In the… …   Black's law dictionary

  • dependent, concurrent, and independent covenants — Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and, until the condition is performed, the other party is not liable to an action on his covenant. In the… …   Black's law dictionary

  • dependent conditions — Mutual covenants which go to the whole consideration on both sides …   Black's law dictionary

  • dependent conditions — Mutual covenants which go to the whole consideration on both sides …   Black's law dictionary

  • concurrent covenants — dependent, concurrent, and independent covenants Covenants are either dependent, concurrent, or mutual and independent. The first depends on the prior performance of some act or condition, and, until the condition is performed, the other party is …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”