Remedies cumulative: Overview, definition and example
What are remedies cumulative?
Remedies cumulative is a provision in a contract stating that the rights or remedies available to a party in the event of a breach are not exclusive and may be pursued simultaneously or in combination. This means that a party can seek multiple remedies for the same breach, such as damages, specific performance, or injunctive relief, without having to choose between them.
For example, if a party breaches a contract, the non-breaching party might be entitled to both claim monetary damages and request specific performance, depending on the situation.
Why are remedies cumulative important?
Remedies cumulative are important because they provide flexibility and protection to the party that has been wronged. By allowing multiple remedies, this provision ensures that the non-breaching party is not limited to one form of relief, which may not fully address the harm suffered. It allows parties to pursue the most effective combination of remedies for a given situation.
Including this provision ensures that the party seeking redress has multiple legal avenues to address a breach, increasing their chances of achieving a fair outcome.
Understanding remedies cumulative through an example
A supplier fails to deliver goods on time as stipulated in a contract. The buyer is entitled to both a claim for the financial damages caused by the delay and an injunction to compel the supplier to fulfill the delivery. The "remedies cumulative" clause ensures that the buyer can pursue both actions without being forced to choose one over the other.
An example of a remedies cumulative clause
Here’s how a remedies cumulative clause might appear in a contract:
“The remedies set forth in this Agreement are cumulative and not exclusive. The exercise of any remedy by a Party shall not preclude the exercise of any other remedy, whether available under this Agreement, at law, or in equity. The non-breaching Party may seek one or more remedies simultaneously in response to a breach.”
Conclusion
Remedies cumulative clauses are essential for ensuring that parties have full access to the legal tools necessary to address a breach. By allowing multiple remedies, these provisions increase the flexibility and effectiveness of enforcement. A well-drafted remedies cumulative clause provides the non-breaching party with a broader range of options to resolve disputes and seek appropriate compensation or enforcement.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.