| Commentary

47.2 Modern practice

| Commentary

47.2 Modern practice

Most covenants (those not concerned with real property) are no more than contractual undertakings. English contract law takes a relatively strict view on privity of contract (compared, say, with US law). In most cases, it is not possible to make contractual undertakings binding on anyone other than the parties to the contract. Using the word ‘covenant’ in a contractual undertaking does not change the position.

Sometimes the word ‘covenant’ is used just to make a contractual undertaking sound more solemn and important. Outside the field of real property, lawyers wishing to draft contractual undertakings in plain English

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