King Washington Limitation of Remedies and Damages Provisions

Name: King Washington Limitation of Remedies and Damages Provisions
Brand: US Legal Forms
Rating: 4.83 (326 reviews)

Category:

Contracts - Clauses

State:

Multi-State

County:

King

Control #:

US-ND0903

Format:

Instant download

Description

This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

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FAQ

Categorized according to their purpose, the four basic types of judicial remedies are (1) damages; (2) restitution; (3) coercive remedies; and (4) declaratory remedies. The remedy of damages is generally intended to compensate the injured party for any harm he or she has suffered.

There are three types of equitable remedies: specific performance, injunction, and restitution.

Five remedies for breach of contract include: Award of Damages, Restitution, Rescission, Reformation, and Specific Performance.

Monetary awards (called damages), specific performance, and restitution are the three principle remedies.

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.

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.

What Is a Limitation Clause? Limitation clauses are an important part of contracts. They are where the contract spells out what each side will be held responsible for under the specific terms and conditions also outlined.

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.

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.

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It also accepts limitation of liability clauses and penalty clauses. 4 See "Decrees of Aethelbert," reprinted in The Laws of the Earliest English.We conclude the buyer of the pipe is attempting to walk away from contract provisions that limit its remedies. For that reason, we affirm the trial court. King Games Terms of Use. For our Privacy Policy, please go here. Costs, expenses, or damages arising out of any provision or requirement of this Franchise Agreement or the cable ordinance. Schedule an appointment today and find out why our customers keep coming back! The innocent party may only recover damages for loss sufferedas a result of the breach provided it is not too remote. .2-718 Liquidation or limitation of damages -- Deposits. .

2-731 Assignment. .2-732 Waiver. .2-734 Waiver of course. .2-730 Settlement. .2-731.1. Burden of proof. If the court is of the opinion that the plaintiff does not have evidence as to the extent of damage or loss the plaintiff suffered or may reasonably be expected to suffer as a result of the breach, the court may require the defendant to prove damages or other reason to believe that he will suffer loss through the breach. .2-731.4. Amount of judgment or remedy. In determining compensation, the court may also impose a reasonable fee which may be considered part of the damages or other reason to believe. .2-731.5. Limitation of actions. A party to an action or proceeding may not bring another action or proceeding that is based upon or in connection with the same transaction or occurrence for the same cause of action or claim with respect to which the court has granted the relief sought in that other action or proceeding. .2-731.5.5. Limited authority to enter judgment.

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King Washington Limitation of Remedies and Damages Provisions

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