Dependent covenant

Related to Dependent covenant: Covenant that runs with the land
(Law) one not binding until some connecting stipulation is performed.

See also: Dependent

References in periodicals archive ?
Although some cases treat the material/substantial breach requirement and the dependent covenant requirement as interchangeable, the greater weight of authority treats these concepts as distinct elements of the analysis.
While similar in concept to the definition of materiality, characterizations of a dependent covenant use specific and distinct language.
While this description of a dependent covenant certainly sounds very similar to the definition of materiality, the consistent use of distinct language in both definitions implicates a difference in application.
Before such limiting conduct occurs, the material breach of a dependent covenant "gives to the injured party the right to sue at law for damages, or courts of equity may grant rescission in such instances if the remedy at law will not be full and adequate." (38) If a first breach occurs, but the contract is anticipated to reap greater benefits in the future versus the benefits of rescission, (39) then continuing to perform while objecting to the breach (to preserve the claim of breach) will be preferable to pursuing rescission.
3d DCA 2009) (reversing rescission of lease premised upon an alleged prior breach of dependent covenant based on waiver by acceptance of benefits under the lease); Hamilton, 6 F.
3d at 321 ("When a dependent covenant has been breached, the entire contract is virtually destroyed."); AVVA-BC, LLC, 25 So.
This proposition is hard to swallow given that a dependent covenant is defined as so significant that a breach "destroys the entire contract." Many contracts (and statutes) contain excruciatingly detailed provisions controlling the manner of delivery of contractual notices, yet Florida courts routinely identify such requirements as ministerial in nature and not deserving of strict compliance.
3d DCA 1986) ("In the non-competition and trade-secret context, an employer's breach of the employment contract is a relevant factor in determining whether the employer is entitled to a temporary injunction, at least where the breach involves a dependent covenant.").
First, Reliance argued that when the overpayment and commission issues surfaced, the parties negotiated and settled their disagreements, and thus there could be no breach....Second, and more importantly, Florida law limits this defense to "dependent covenants." ...
Residential tenants are protected not only by theories of constructive eviction and dependent covenants, but also by the Utah Fit Premises Act and local ordinances that specify the condition in which landlords must maintain residential property.
Full browser ?