Independent Covenant Law and Legal Definition
Independent covenant is a covenant which relates to only a part of the consideration upon both sides of a contract or deed and is of such nature that a breach may be compensated in damages. For the breach of independent covenant, an action may be maintained without an averment by the plaintiff of performance or an offer to perform on his part.
The following is an example of a case law referring to independent covenant:
The general rule is that when covenants on the part of different parties are to be performed at different times, they will be considered to be independent covenants, and a breach of one can be sued for without alleging or proving the performance of the other. Another rule is, that where the covenant goes only to part of the consideration of both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and consequently an action may be maintained for a breach of such covenant on the part of the defendant without averring performance of other covenants on the part of a plaintiff. [Sawyer v. Christian, 40 Mo. App. 295 (Mo. Ct. App. 1890)].
Legal Definition list
- Independent Counsel
- Independent Contractors Engineers
- Independent Contractors Distributors
- Independent Contractors Consultants
- Independent Contractors Appraisers
- Independent Covenant
- Independent Establishment
- Independent Ethics Committee [Food and Drugs]
- Independent Executor
- Independent Expenditure
- Independent Insurance Company
