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.
Massachusetts Limitation of Remedies and Damages Provisions
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Potential Remedies for Breach of Contract This can include compensatory damages, consequential or incidental damages, and lost profits. Liquidated damages may be included in the contract. This is a specific amount of damages or a particular way in which damages are to be established.
An affirmative defense does not contest the primary claims or facts (for example, that there was a breach of contract), but instead asserts mitigating facts or circumstances that render the breach claim moot.
In Massachusetts, a three-year filing deadline applies to any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property, whether your potential case involves: real property (including damage to your house or your land) or. personal property (including vehicle damage).
Filing a Chapter 93A Complaint in Massachusetts Be sent to the business at least thirty (30) days prior to the filing of an actual lawsuit; State that the claimant is a "consumer" - someone who engages in commerce for primarily personal, family, or household purposes; Identify the claimant's full name and address;
93A § 11 action to immunize itself in advance from liability for unfair or deceptive conduct that is done willfully or knowingly would do violence to the public policy protected by that statute." [1] ingly, the SJC held that such limitations of liability clauses are unenforceable with respect to knowing and ...
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.