An assertory covenant is a legal agreement between two parties in which one party affirms or asserts a certain fact or condition to be true. This type of covenant is often used in real estate transactions, where the seller asserts that the property being sold is free from any liens or encumbrances. The assertory covenant is a binding agreement that holds the party making the assertion accountable for the truthfulness of their statement. If the assertion is found to be false, the party making the assertion may be held liable for any damages or losses incurred by the other party.
An assertory covenant is a legal term used to describe a promise or agreement made by one party to another, in which the promisor asserts or guarantees a certain fact or state of affairs. This type of covenant is commonly found in contracts, where one party makes a statement or representation about a particular matter.
In an assertory covenant, the promisor is legally bound to ensure that the statement or representation made is true and accurate. If the statement turns out to be false or misleading, the promisor may be held liable for any damages or losses suffered by the other party as a result.
To enforce an assertory covenant, the injured party must typically prove that the promisor made a false statement, that they relied on this statement, and that they suffered harm or damages as a result of this reliance. The injured party may seek remedies such as monetary compensation or specific performance to rectify the breach of the assertory covenant.
It is important for parties entering into contracts to carefully consider the language used in assertory covenants and ensure that the statements made are accurate and can be supported by evidence. Additionally, parties should be aware of any limitations or disclaimers that may be included in the contract regarding the enforceability of assertory covenants.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/assertory-covenant/
- Modern Language Association (MLA):Assertory Covenant. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/assertory-covenant/.
- Chicago Manual of Style (CMS):Assertory Covenant. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/assertory-covenant/ (accessed: May 09 2024).
- American Psychological Association (APA):Assertory Covenant. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/assertory-covenant/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts