Mary Carter Agreement

Legal Definition and Related Resources of Mary Carter Agreement

Meaning of Mary Carter Agreement

A secret agreement between one or more but not all of the defendants in an action with the plaintiff , having the following features: The agreeing defendants remain as party defendants in the law suit; the agreeing defendant ‘s liability is decreased in direct proportion to nonagreeing defendant’s increase in liability; and the agreeing defendants guarantee to plaintiff a certain amount of money it plaintiff does not receive the judgment against any of the defendants or if the judgment left them a specified sum. Such an agreement has been called a variant of the normal relief or covenant not to sue See Bedford school Dist. v Caron Const. Co., Inc., 367 A.2d 1051, 116 N.H. 800.

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