District of Columbia Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision

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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.

District of Columbia Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision are important legal concepts that relate to the limitations, options, and accumulation of remedies available to litigants in the District of Columbia. Limitation of Remedies: In the District of Columbia legal system, the Limitation of Remedies provision sets forth the maximum or restricted scope of relief that can be sought or granted in a particular case. It is a legal doctrine that aims to prevent excessive or overly burdensome remedies and to ensure that remedies are proportionate and appropriate to the harm suffered. By imposing limitations, the law seeks to strike a fair balance and prevent unjust enrichment or punitive measures. Election of Remedies: This concept allows a party to choose from different available remedies to address a legal dispute. Under the Election of Remedies provision in the District of Columbia, when multiple remedies exist for a particular claim or cause of action, the party seeking redress must make a deliberate, informed choice regarding the remedy they wish to pursue. Once an election is made and pursued, it generally precludes the selection of an alternative remedy for the same claim, barring exceptional circumstances. Cumulative Remedies Provision: The Cumulative Remedies Provision refers to the principle that allows a party to accumulate or combine different remedies concurrently or successively to seek complete relief in a legal matter. In the District of Columbia, the Cumulative Remedies Provision grants litigants the flexibility to pursue multiple remedies simultaneously or sequentially, depending on the circumstances and the nature of the harm suffered. This provision ensures that plaintiffs can exhaust all available avenues to obtain full compensation or appropriate relief. Different types of District of Columbia Limitation of Remedies, Election of Remedies, and Cumulative Remedies provisions may exist, depending on the specific area of law or the nature of the legal claim. For instance, within contract law, there might be limitations on the recovery of certain types of damages or a requirement to elect between specific performance or monetary damages. In tort law, limitations may apply to punitive damages or the availability of certain remedies based on the nature of the tortious act. These provisions can vary across different jurisdictions or be subject to interpretation by the courts. Overall, these legal concepts play a crucial role in shaping the scope and options available to parties seeking remedies in the District of Columbia.

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Provisions define the terms, conditions, and clauses in a contract that enable you to understand its expectations and limitations. Also, since a contract is a legally binding document, the provisions in the contract determine your legal right and obligations.

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.

In the legal context, a provision is a stipulation within a legal document or in a specific law. This can also be known as a clause, contract clause, or contract provision. However, in accounting, provisions refer to any profits allocated for a specific purpose or expense.

Each provision or clause in subpart 52.2 is prescribed at that place in the FAR text where the subject matter of the provision or clause receives its primary treatment. The prescription includes all conditions, requirements, and instructions for using the provision or clause and its alternates, if any.

In the law of civil procedure, election of remedies is the situation in which a winning party in a lawsuit must choose the means by which its injury will be remedied. For example, if a court finds that the plaintiff's painting was stolen by the defendant, then the plaintiff has two possible routes to restore the loss.

A provision may correspond with a clause, may span several clauses or be contained wholly within a subclause. It is a feature of the contract itself: verbal contracts will have provisions but they will not have clauses. A condition is a set of circumstances that must arise before another action can occur.

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.

What Is the Difference Between a Contract Provision and Clause? A provision in a contract stipulates a condition or requirement. A clause is a section or subsection written into a contract, which may contain one or more provisions within it.

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2. Subsection (1)(b) creates a presumption that clauses prescribing remedies are cumulative rather than exclusive. If the parties intend the term to describe ... This part-. (a) Gives instructions for using provisions and clauses in solicitations and/or contracts;. (b) Sets forth the solicitation provisions and ...A remedies clause description setting out remedies for breach that the parties have typically negotiated and included in the contract. Mar 19, 2020 — This rulemaking is necessary to amend procedures of the Board and to implement its authority under D.C. Official Code § 1-605.02(11) (2016 Repl.) ... means the area median income using "Washington Area Uncapped Limits," as set forth in the periodic calculation provided by HUD as a direct calculation withoot ... Remedies to be liberally administered. 28:1—107. Waiver or renunciation of claim or right after breach. 28:1—108. Severability. ... remedies referred to in subsections (b) and (c) are cumulative. (e) Agreements covering real property and goods.--If the lease agreement covers both real ... This page contains Cumulative Remedies clauses in business contracts and legal agreements. ... No remedy or election hereunder shall be deemed exclusive but ... by MD Peters · 1986 — This rule provided: No motion to require the plaintiff to elect as to which cause of action al- leged in the complaint he will rely on shall be made, unless ... Chapters 4 through 15 of the third edition of Principles of Federal Appropriations. Law, in conjunction with GAO, Principles of Federal Appropriations Law: ...

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District of Columbia Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision