20/9/17 Types of Covenants (Part 3)

Types of Covenants Part 3

  • Transitive or intransitive: The former being those personal covenants the duty of performing which passes over to the representatives of the covenantor; while the latter are those the duty of performing which is limited to the covenantee himself, and does not pass over to his representative.
  • Disjunctive covenants: Those which are for the performance of one or more of several things at the election of the covenantor or covenantee, as the case may be.
  • Absolute or conditional: An absolute covenant is one which is not qualified or limited by any condition.
The following compound and descriptive terms may also be noted:
  • Continuing covenant: One which indicates or necessarily implies the doing of stipulated acts successively or as often as the occasion may require; as, a covenant to pay rent by installments, to keep the premises in repair or insured, to cultivate land, etc.
  • Full covenants: As this term is used in American law, it includes the following: The covenants for seisin, for right to convey, against encumbrances, for quiet enjoyment, sometimes for further assurance, and almost always of warranty, this last often taking the place of the covenant for quiet enjoyment, and indeed in many states being the only covenant in practical use.

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