Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision

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US-ND0902
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This form provides boilerplate contract clauses that outline the remedies available to the parties both under and outside the terms of the contract agreement.


The Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision are important legal concepts that play a significant role in protecting the rights of parties involved in legal disputes within the state of Kansas. These provisions dictate the limitations, options, and allowances regarding available remedies in specific circumstances. Let's delve into each provision individually: 1. Kansas Limitation of Remedies: The Kansas Limitation of Remedies provision restricts the type or extent of remedies available to a party under certain circumstances. It establishes specific boundaries for damages or relief that can be sought in case of a breach of contract, tort, or other legal claim. The primary purpose of this provision is to ensure fairness and prevent excessive or unjust claims. Different types of Kansas Limitation of Remedies may exist depending on the specific legal context, such as limitation of remedies in contracts, torts, or specific industries. 2. Kansas Election of Remedies: The Kansas Election of Remedies provision grants the party pursuing legal action the right to select the appropriate remedy from the available options. It allows the party to choose the most advantageous course of action, providing flexibility in seeking redress. This provision acknowledges that multiple remedies may be available for a single claim, such as seeking damages or requesting specific performance. It is crucial for parties to make an informed decision when exercising their right to elect the most suitable remedy. 3. Kansas Cumulative Remedies Provision: The Kansas Cumulative Remedies Provision allows the damaged party to pursue multiple remedies simultaneously or successively. It recognizes that a situation may require multiple remedies to fully address the harm suffered. This provision prevents parties from being limited to a single remedy and ensures they have the ability to seek different forms of relief simultaneously or in sequence. As each remedy may have its own benefits and limitations, the cumulative remedies provision enables a comprehensive approach to resolving legal disputes. It should be noted that the specific content and scope of Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision might vary depending on the applicable statutes, regulations, or case law. It is advisable to consult legal professionals and relevant sources for the most accurate and up-to-date information, as these provisions can be subject to interpretation and may evolve over time.

The Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision are important legal concepts that play a significant role in protecting the rights of parties involved in legal disputes within the state of Kansas. These provisions dictate the limitations, options, and allowances regarding available remedies in specific circumstances. Let's delve into each provision individually: 1. Kansas Limitation of Remedies: The Kansas Limitation of Remedies provision restricts the type or extent of remedies available to a party under certain circumstances. It establishes specific boundaries for damages or relief that can be sought in case of a breach of contract, tort, or other legal claim. The primary purpose of this provision is to ensure fairness and prevent excessive or unjust claims. Different types of Kansas Limitation of Remedies may exist depending on the specific legal context, such as limitation of remedies in contracts, torts, or specific industries. 2. Kansas Election of Remedies: The Kansas Election of Remedies provision grants the party pursuing legal action the right to select the appropriate remedy from the available options. It allows the party to choose the most advantageous course of action, providing flexibility in seeking redress. This provision acknowledges that multiple remedies may be available for a single claim, such as seeking damages or requesting specific performance. It is crucial for parties to make an informed decision when exercising their right to elect the most suitable remedy. 3. Kansas Cumulative Remedies Provision: The Kansas Cumulative Remedies Provision allows the damaged party to pursue multiple remedies simultaneously or successively. It recognizes that a situation may require multiple remedies to fully address the harm suffered. This provision prevents parties from being limited to a single remedy and ensures they have the ability to seek different forms of relief simultaneously or in sequence. As each remedy may have its own benefits and limitations, the cumulative remedies provision enables a comprehensive approach to resolving legal disputes. It should be noted that the specific content and scope of Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision might vary depending on the applicable statutes, regulations, or case law. It is advisable to consult legal professionals and relevant sources for the most accurate and up-to-date information, as these provisions can be subject to interpretation and may evolve over time.

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Each right, remedy and power hereby granted to the Beneficiaries or allowed it by applicable law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Beneficiaries at any time or from time to time.

A provision in a preferred stock issue that prevents common stock paying a dividend as long as there are arrearages on the preferred stock.

Often, however, the limitation of remedy clauses limits the types of remedies you can pursue. Remedies for contract breach include monetary damages, attorney's fees and costs, cure first provision, binding arbitration, and injunctive relief.

Essentially, exclusive remedy provisions restrict a party's available remedies for specified claims to the remedies set out in the contract and exclude the party from seeking other types of remedies for that action.

Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.

In the event of a breach that triggers the liquidated damages provision, the liquidated damages are the exclusive remedy of the non-breaching party (i.e., make sure that if your contract has a cumulative remedies provision, it does not apply to breaches that trigger the liquidated damages provision and associated ...

For example, a clause in a purchase agreement for a computer limiting damages to $1.00 would effectively deprive the buyer of any adequate remedy.

General Contract Clauses: Cumulative Remedies (with Exclusive Remedies Carve-Out) A Standard Clause stating the parties' intention to express rights and remedies set out in the agreement are cumulative and in addition to any other rights or remedies provided by law or equity, and not in substitution for them.

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Subsection (4). This subsection is an application of the cumulative remedies doctrine set forth in subsection (1). It allows proceedings against the personal ... Sep 17, 2018 — The modern day general rule is that all remedies, whether at common law, under statute, or under equitable principles, are cumulative. In the ...(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this act. (3) Consequential ... No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. 65 ... Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in ... Jul 7, 2009 — (1) When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this part and except as ... Standard Clause stating the parties' intention that express rights and remedies set out in the agreement are cumulative and in addition to any other rights ... party in possession has the rights, remedies and duties provided in section 28:9—207. The rights and remedies referred to in this subsec- tion are cumulative. Jul 1, 2020 — This book contains a compilation of those sections and provisions of the Kansas Statutes Annotated and Kansas Administrative Regulations which ... Jun 12, 2019 — Relief in any action under subsection (d) may include punitive damages in an amount not to exceed $ 250,000. (f) Election of remedies.

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Kansas Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision