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.
Rhode Island Limitation of Remedies and Damages Provisions
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FAQ
Medical Malpractice: Typically, medical malpractice claims in Rhode Island must be filed within the 3-year statute of limitations deadline. This is, however, one area where the deadline may vary under very specific circumstances, per RI General Laws § 9-1-14.1.
Issue: How does statutes of limitations law apply to contract- and tort-based claims in Rhode Island? Rhode Island law provides that an action for breach of any contract for sale must be commenced within four years after the cause of action accrues.
The court may, at any time, in its discretion dismiss any action for failure of the plaintiff to comply with these rules or any order of court, or for lack of prosecution if the action has been pending for more than five (5) years.
Section (1) of Rule 37 (a) explains that a party can move for an order compelling disclosure of discovery. However, the motion must include a certification that the petitioner either ?conferred or attempted to confer with the person or party failing to make disclosure or discovery? prior to asking for court action.
Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial or during the course of a deposition, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
The statute of limitations for property damage lawsuits is 10 years. Property damage claims involve damages to a person's property through someone else's careless or negligent actions. Property damage lawsuits can seek damages for ?real property? such as your home or land and ?personal property,? like a car.
Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.