Illinois Limitation of Remedies and Damages Provisions

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Multi-State
Control #:
US-ND0903
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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

Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller's liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all other available remedies.

Property Damage: five years from the date of the incident. Product Liability: two years from the date of injury. Libel & Slander: one year from the date of the incident.

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.

A limitation of liability provision typically contains two parts: a waiver of damages and a liability cap. The waiver of damages clause typically limits a party's exposure only to direct damages (i.e., damages suffered by a party that naturally result from the breach of the other party).

Limitation of Remedies in the Context of Freedom of Contract. Under the principle of ?freedom of contract,? the parties to a contract may agree to expand or limit otherwise available remedies. However, as we will discuss in more detail below, the principle of freedom of contract is not without limitations.

Contractual limitations on damages are agreements whereby the parties limit the availability of damages that would otherwise be available under statutory law.

Illinois law enforces contract clauses purporting to limit a party's financial liability for damages.

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.

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Illinois Limitation of Remedies and Damages Provisions