Michigan 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

Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.

In a contract, a liquidated damages clause simply limits the amount of damages that one party to the contract will be liable for in the event that they breach the contract or somehow cause harm to the other party to the contract.

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.

The Michigan breach of contract statute of limitations gives you six years to file most breach of contract claims.

What damages are a consumer entitled to? If a consumer files a successful lawsuit, they are entitled to receive either $250.00 or actual damages, whichever is greater. Additionally, they may also be able to recover reasonable attorney's fees and costs.

A liquidated damages clause (or an agreed damages clause), is a provision in a contract that fixes the sum payable as damages for a party's breach. In comparison, unliquidated damages are damages for a party's breach which have not been pre-estimated.

In its most common form, a provision providing for liquidated damages for delay is an agreed upon substitute for the actual damages an owner may incur because the actual damages could be extremely difficult and costly to prove in court or before an arbitrator.

What are Liquidated Damages? In general, liquidated damages provisions specify a predetermined amount of money that must be paid as damages if one party fails to meet certain contractual requirements.

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Michigan Limitation of Remedies and Damages Provisions