This form provides boilerplate contract clauses that outline the remedies available to the parties both under and outside the terms of the contract agreement.
New Hampshire Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision are important legal concepts that aim to ensure fairness and efficiency in resolving legal disputes. These provisions govern the available remedies, the choices an injured party can make, and the potential accumulation of remedies in civil cases within the state of New Hampshire. Limitation of Remedies: In New Hampshire, the Limitation of Remedies refers to the restrictions on the type and amount of compensation that a party can seek for damages caused by another party's actions or omissions. These limitations typically apply to specific areas of law or industries and are defined by statutes or precedent. For instance, in product liability cases, New Hampshire follows the principle of strict liability, which limits the remedies available to the injured party to compensation for actual damages rather than punitive damages. Election of Remedies: The concept of Election of Remedies in New Hampshire allows an injured party or plaintiff to choose among various legal remedies available to address their grievance. This provision grants the injured party the power to select the most appropriate remedy based on their specific circumstances and desired outcome. Multiple remedies might be available for a single claim, such as seeking monetary compensation or equitable relief like injunctions or specific performance. By allowing the injured party to choose an appropriate remedy, the Election of Remedies provision serves to achieve fairness and flexibility in legal proceedings. Cumulative Remedies Provision: In certain cases, New Hampshire law may provide for a Cumulative Remedies Provision. This provision allows a plaintiff to pursue multiple remedies simultaneously, either within a single action or through separate legal proceedings. The Cumulative Remedies Provision recognizes that some legal claims may arise from the same set of circumstances or violations, and therefore, it permits the plaintiff to seek remedies from different legal theories or sources of law. For example, in a personal injury case, the injured party may choose to pursue claims for medical expenses through a negligence claim against the responsible party and simultaneously file for workers' compensation benefits if the injury occurred in the workplace. It is important to note that the specific types and applications of New Hampshire Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision can vary greatly depending on the area of law and the factual context of each individual case. Therefore, consulting legal professionals or referring to specific statutes and case law is crucial for obtaining accurate information and advice in any legal matter in the state of New Hampshire.
