independent covenants

independent 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 not liable to an action on his covenant. In the second, mutual acts are to be performed at the same time; and if one party is ready, and offers to perform his part, and the other neglects or refuses to perform his, he who is ready and offers has fulfilled his engagement, and may maintain an action for the default of the other, though it is not certain that either is obliged to do the first act. The third sort is where either party may recover damages from the other for the injuries he may have received by a breach of the covenants in his favor; and it is no excuse for the defendant to allege a breach of the covenants on the part of the plaintiff.
Mutual and independent covenants are such as do not go to the whole consideration on both sides, but only to a part, and where separate actions lie for breaches on either side to recover damages for the injury sustained by breach.
Covenants are dependent where performance by one party is conditioned on and subject to performance by the other, and in such case the party who seeks performance must show performance or a tender or readiness to perform on his part; but covenants are independent when actual performance of one is not dependent on another, and where, in consequence, the remedy of both sides is by action.

Black's law dictionary. . 1990.

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  • independent 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, 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 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

  • 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

  • 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

  • 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

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • recoupment — re·coup·ment /ri küp mənt/ n 1: the process or fact of recouping recoupment of expenses 2 a: a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupment b …   Law dictionary

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