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.
South Carolina Limitation of Remedies and Damages Provisions
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FAQ
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.
In South Carolina, there is no statute of limitations on crime. However, in the context of South Carolina personal injury or wrongful death cases, the clock usually starts on the day of the incident (exp. car accident). In most cases, you have 3 years to file suit against a non-governmental defendant.
The liability cap places a maximum limit on a party's liability. These limits tend to be based on (1) the contract's value (e.g., the entire value, the value over a retroactive period of time, or a percentage of the total value); (2) a party's insurable amounts; or (3) a sum certain.
In construction defect claims, South Carolina law sets the statute of limitations at three years. South Carolina courts have determined that the three year clock begins to run at the time the claimant knows that a claim exists, even if the claimant does not need to know the exact claim or potential defendants.
Under South Carolina Code § 16-11-510, Malicious Injury to Personal Property is where the defendant facing criminal charges allegedly acted with intent (intentionally) damages the personal possessions (property), goods, or chattel (common law term for personal items or property) that belong to another person.
A limitation of damages clause is a contractual agreement where parties either exclude or limit the availability of damages that statutory law otherwise entitles them to.
In South Carolina, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it usually must be brought to the state's civil court system within three years, ing to South Carolina Code of Laws section 15-3-530.
Leaving the Scene of an Accident (also referred to as ?Hit and Run?) under South Carolina Criminal Law 56-5-1220 is a misdemeanor criminal offense characterized by the defendant being involved in an accident with an occupied vehicle that results in property damage and then leaving the scene.