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.
Kansas Limitation of Remedies and Damages Provisions
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FAQ
The statute of limitations under the KCPA is three years. Many KCPA violations do not require proof of intent on the part of suppliers to be actionable under the law. This makes it easier for you to pursue a legal remedy.
Land, home and property owners will need to file a court action to enforce civil trespassing. This can be to collect damages caused by a trespasser even if no crime was committed.
Statutes of Limitations in Kansas Code SectionKansas Statutes Annotated § 60-501 et seq.: Limitations of ActionsCollection of RentsWritten: five years (K.S.A. § 60-511(1)); oral: three years (K.S.A. § 60-512(1))ContractsWritten: five years (K.S.A. § 60-511(1)); oral: three years (K.S.A. § 60-512(1))8 more rows
Actions limited to two years. (a) The following actions shall be brought within two years: (1) An action for trespass upon real property. (2) An action for taking, detaining or injuring personal property, including actions for the specific recovery thereof.
For crimes not specifically listed in the statute, a general statute of limitations of five years applies for all crimes (felonies, misdemeanors, and infractions).
For personal injury claims, the period is generally two years in Kansas but can vary from one to eight years, depending on the nature of the case. The key factors involved are the age of the injured party, the kind of claim brought and the nature of the party you are attempting to hold liable for damages.
In Kansas, the statute of limitations for unjust enrichment claims is three years. See Hartman v. Stumbo, 408 P. 2d 693, 696 (Kan.