Massachusetts 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.

Massachusetts Limitation of Remedies refers to the legal provisions outlining the restrictions and limitations on the types and extent of remedies available to parties in a legal dispute. These limitations are designed to provide clarity and predictability in resolving disputes and govern the available courses of action. One type of Limitation of Remedies in Massachusetts is known as the "Election of Remedies" doctrine. This doctrine requires that a party must choose a specific legal remedy and cannot pursue multiple remedies for the same grievance. In essence, this provision prevents a party from double recovery by requiring them to make a clear and deliberate choice between available remedies. Another significant aspect of Massachusetts Limitation of Remedies is the "Cumulative Remedies Provision." This provision allows parties to pursue multiple remedies simultaneously or successively, rather than being restricted to choosing only one. The cumulative remedies provision recognizes that certain situations may warrant the application of multiple remedies to fully resolve a particular dispute. It's important to note that the specific application and enforcement of Massachusetts Limitation of Remedies, Election of Remedies, and Cumulative Remedies Provision may vary depending on the context of the dispute, the nature of the applicable law, and the specific legal entities involved. Overall, Massachusetts Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision are essential components of the state's legal framework that aim to regulate and balance the available remedies for parties in legal disputes, ensuring fairness, efficiency, and clarity in the resolution process.

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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.

Each right, remedy and power hereby granted to the Beneficiaries or allowed it by applicable law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by the Beneficiaries at any time or from time to time.

In the event of a breach that triggers the liquidated damages provision, the liquidated damages are the exclusive remedy of the non-breaching party (i.e., make sure that if your contract has a cumulative remedies provision, it does not apply to breaches that trigger the liquidated damages provision and associated ...

Often, however, the limitation of remedy clauses limits the types of remedies you can pursue. Remedies for contract breach include monetary damages, attorney's fees and costs, cure first provision, binding arbitration, and injunctive relief.

A provision in a preferred stock issue that prevents common stock paying a dividend as long as there are arrearages on the preferred stock.

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.

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.

Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.

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Chapter 55A : THE MASSACHUSETTS CLEAN ELECTIONS LAW · Chapter 55B : THE STATE BALLOT ... The remedies provided in this chapter are cumulative. Site Information ... Sep 17, 2018 — The modern day general rule is that all remedies, whether at common law, under statute, or under equitable principles, are cumulative. In the ...While holding that there had been no election of remedies such as to bar the bank's action on the debt, the court noted a limitation on a se- cured party's ... Add the Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision for redacting. Click on the New Document button above, then drag and ... Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in ... by A Ritchie · Cited by 3 — REMEDIES. 6.1 Cumulative Remedies. A cumulative remedies provision is included in a contract to avoid the common law election of remedies doctrine. The issue ... Jul 2, 2016 — If invited by the Department to submit more than one Siting Profile, you must submit a separate Siling Profile and attachments for. Sep 26, 2022 — Essentially, exclusive remedy provisions restrict a party's available remedies for specified claims to the remedies set out in the contract and ... ... remedies referred to in subsections (b) and (c) are cumulative. (e) Agreements covering real property and goods.--If the lease agreement covers both real ... All rights and remedies herein provided are cumulative and are not exclusive ... limitation, foreclosure or transfer of any interest in the Pledged Massachusetts ...

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Massachusetts Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision