Topic 10 - Restrictive Covenants

Question 1

Define a positive covenant

Answer 1

Spending of monies

Question 2

Define a negative covenant

Answer 2

No spending of monies, can comply by doing nothing

Question 3

Define burden of a covenant for privity of contract

Answer 3

Duty to perform an obligation cannot be assigned

Question 4

Define burden of a positive covenant for privity of contract

Answer 4

Duty to perform an obligation cannot be assigned, it will be performed by a particular person

Question 5

Define benefit of a positive covenant for privity of contract

Answer 5

The benefit can be enforced only if its annexed to land