This form provides boilerplate contract clauses that outline the remedies available to the parties both under and outside the terms of the contract agreement.
Pennsylvania Limitation of Remedies, Election of Remedies, and the Cumulative Remedies Provision
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How to fill out Limitation Of Remedies, Election Of Remedies, And The Cumulative Remedies Provision?
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FAQ
In Pennsylvania, the general (or default) statute of limitations is two years after a crime is committed. But for a long list of "major offenses," prosecutors have five years.
A limitation of liability clause limits the amount and/or types of damages that may be attributable to a particular party under the contract for that party's future breach or misconduct while performing under the contract.
The existence of a valid contract. Proof you performed your obligations under the terms of the contract or, alternatively, proof you were justified in not doing so. Proof the defendant failed to perform their obligations under the terms of the contract. Proof you suffered damages due to the defendant's breach.
An exclusive remedies clause limits the owner's right to recover for any failure of the contractor to fulfill its contractual obligations to those remedies specified in the contract.
Limitation of Remedies in the Context of Freedom of Contract. Under the principle of ?freedom of contract,? the parties to a contract may agree to expand or limit otherwise available remedies.
In many agreements, you may find a clause labeled ?limitation of remedy.? This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.
A limitation clause is a constitutional provision which enables constitutionally protected rights to be partially limited, to a specified extent and for certain democratically justifiable purposes.
A limitation of liability clause (sometimes referred to simply as a liability clause) is the section in a contracted agreement that specifies the damages that one party will be obligated to provide to the other under terms and conditions stipulated in the contract.
