King Washington Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision

Name: King Washington Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision
Brand: US Legal Forms
Rating: 4.77 (383 reviews)

Category:

Contracts - Clauses

State:

Multi-State

County:

King

Control #:

US-ND0902

Format:

Instant download

Description

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

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A remedies clause sets forth the parties' intention to provide for equitable remedies for breach of contract, in addition to or instead of just monetary relief. A remedies clause can also be used to limit the relief the parties can obtain upon breach of the contract.

Related to Rights cumulative and not alternative Rights Cumulative The rights, remedies and obligations contained in this Agreement are cumulative and are in addition to any and all rights, remedies and obligations, at law or in equity, that the Parties are entitled to under federal and state laws.

A cumulative rights boilerplate clause, also known as a cumulative rights and remedies clause, is used to clarify the parties' intention that certain rights and remedies provided for under the contract are intended as in addition to, and not exclusive of, applicable rights and remedies available at law, in equity or

Understand that there are various rules that limit recovery for the nonbreaching party in a contract case. Know how these concepts serve to limit contract remedies: foreseeability, mitigation of damages, certainty of damages, loss of power of avoidance, election of remedies, and agreement of the parties.

The Remedies Cumulative clause provides that the parties are entitled to pursue any and all remedies that may be available under the facts of the dispute, even though some of those remedies may be inconsistent with each other.

In many agreements, you may find a clause labeled limitation of remedy. This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.

A typical cumulative rights clause might be as simple as this: Cumulative Rights: Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.

Rights of accumulation (ROA) are rights that allow a mutual fund shareholder to receive reduced sales commission charges when the amount of mutual funds purchased plus the amount already held equals a rights of accumulation (ROA) breakpoint.

A limitation of damages clause is a contractual agreement where parties either exclude or limit the availability of damages that statutory law otherwise entitles them to.

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Lecture 1: Introduction to Remedies . , Smith, The Risk of Legal Error in Criminal Cases: Some Consequences of the Asymmetry in the Right to Appeal, 57 U. Cm. L. REv.Remedies for Violations of Aboriginal Rights 499 It has historical origins in the treaty process and has been used to obtain modern land claims agreements. Remedies Cumulative. 22.1. Civil Remedies and Defenses and Special Proceedings. Remedies. Sanctions. Settlement Agreements. Remedies; fees and expenses of arbitration proceeding. South African contract law is "essentially a modernized version of the Roman-Dutch law of contract", and is rooted in canon and Roman laws. Items 1 - 9 — earned for completing the task or making the product.

See Rule 20.2. Items 1 – 6 -remission. An agreement to compensate the victim directly in exchange for the perpetrator's guilty conscience. In British Columbia an amount equal to 50 per cent of the criminal fine or imprisonment is remitted (R. v. Prefer, [1987] 1 S.C.R. 648). Items 1 –10 -a general exception to the payment of a civil claim for damages, where the claimant voluntarily undertakes to perform or assist in performing a task and such performance or assistance is for a public or charitable purpose, and where no other civil remedy, with some necessary qualification of time, can be obtained in equity. Items 1 -12 -a general exception to the payment of a civil claim for damages, where the claimant voluntarily undertakes to perform or assist in performing a task and such performance or assistance is for a public or charitable purpose, and where no other civil remedy, with some necessary qualification of time, can be obtained in equity.

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King Washington Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision

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What is a remedy clause?

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What is cumulative remedy provision?

What is a limitation of remedies clause?

What are cumulative rights and remedies?

What are accumulated rights?

What is a limitation of damages clause?

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Can a plaintiff choose any remedy under Election of Remedies?

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