covenant
Pluralcovenants
Verbcovenants, covenanting, covenanted
Pluralcovenants
Formscovenants, covenanting, covenanted
- 1
- 2A legal agreement to do, or not to do, some particular thing.
The former partners signed a covenant not to sue each other over the failed venture.
In exchange for the grant, the town entered into a covenant to maintain the park for public use.
Similaragreement, contract, undertaking, pledge
Note
Behind the word is Latin conveniō, “to agree”, the source of convenient and convene as well. Lawyers sort these agreements into affirmative covenants, which require something, and negative or restrictive ones, which forbid something; the negative kind turns up in phrases such as a covenant not to compete or a covenant not to sue.
- 3To make a binding agreement with someone, or to promise something by making one.
In the old tale, the farmer covenanted with the river spirit for a good harvest.
Members of the congregation covenant to support one another in times of need.
Similaragree, promise, pledge, contract
Note
The verb takes with for the other party and, when there is one, for for the price: in the King James Bible of 1611 they “covenanted with him for thirty pieces of silver”. Roger L'Estrange, in 1692, has Jupiter covenant with a tenant over the weather itself.
- 4A secondary promise attached to a deed or contract, either stated outright or implied.
The court found that the buyer had breached an implied covenant of good faith in the sale contract.
The deed includes covenants that the seller has the right to transfer the property and that no one else claims it.
Similarpromise, undertaking, warranty
Note
Express covenants are written into the document; implied ones are read into it by the law even though nobody wrote them down. A lease carries a covenant of quiet enjoyment whether or not the words appear, and courts often find a covenant of good faith in ordinary contracts.
- 5A secondary clause within an agreement, setting out a further condition or obligation.
The bank agreed to waive one covenant in the loan agreement after the company's sales fell.
The lawyers spent the afternoon rewording the covenants buried in the back of the contract.
- 6To enter into a formal agreement, binding oneself by contract.
The parties covenant to keep the terms of the settlement confidential.
Under the lease, the landlord covenanted to keep the roof and outside walls in good repair.
Similaragree, undertake, contract, promise
Note
In leases and deeds the verb is usually followed by to and another verb, and its subject is whoever takes on the duty: the tenant covenants to pay the rent, the landlord to keep the roof in repair. It is the drafter's word for a promise meant to be enforced, a step more formal than agree.
- 7To lay down a condition or requirement as a term of an agreement.
The original owners covenanted that the house must never be torn down.
In the treaty, both governments covenant that the river will stay open to fishing boats.
Similarstipulate, specify, provide
Note
Where the duty-taking use binds a party to act, this one fixes a term of the bargain, usually with that and a clause saying what must or must never happen. It belongs to deeds, treaties and other formal agreements rather than to everyday talk.
Showing meanings only.
Practice
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Origin
From Middle English covenaunt, borrowed from Old French covenant ("agreement"), from Latin conveniēns ("agreeing, agreeable, suitable, convenient"), the present participle of conveniō ("to agree"). It is related to convenient and convene.