New Hampshire 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

Most civil actions in New Hampshire have a three-year statute of limitations, including for personal injury lawsuits. Consequently, New Hampshire plaintiffs often must bring a personal injury lawsuit within three years of their accident.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

Statutes of limitations exist for both civil and criminal causes of action, and begin to run from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts.

In order to state a breach of contract claim under New Hampshire law, a plaintiff must allege sufficient facts to show (1) that a valid, binding contract existed between the parties, and (2) that defendant breached the terms of the contract.

The state of New Hampshire imposes a one-year statute of limitations for all misdemeanors (three months for violations), while there are a few different time limits for felony charges in the state. As in other states, there is no time limit for murder.

Specifically, New Hampshire Statutes section 5 sets something of a catch-all three year filing deadline for "all personal actions," and property damage lawsuits fall under this category. So, a vehicle damage claim after a car accident must be brought within three years in New Hampshire.

New Hampshire's Statute of Limitations for Civil Cases Under New Hampshire law, most civil causes of action have a three-year statute of limitations. Plaintiffs in the following causes of action must file a lawsuit within three years, or a New Hampshire court will bar the cause of action: Personal injury.

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New Hampshire Limitation of Remedies and Damages Provisions