Rights cumulative: Overview, definition, and example
What does "rights cumulative" mean?
Rights cumulative refers to the principle that the rights granted under an agreement or contract are not exclusive and do not replace one another. Instead, the rights are added together, meaning that the parties retain all of their rights and can exercise them concurrently or in combination. This provision ensures that any legal or contractual rights given to a party are cumulative, meaning the exercise of one right does not preclude the exercise of others.
Why are rights cumulative important?
The concept of rights cumulative is important because it provides flexibility and broadens the legal remedies available to a party. It ensures that a party does not have to choose between different rights or remedies but can use multiple rights together to achieve a desired result. For example, if a contract provides both monetary damages and the right to terminate, a party could seek both remedies simultaneously without waiving one by exercising the other. This ensures that the parties have the full range of options available to enforce the agreement or protect their interests.
Understanding rights cumulative through an example
Imagine a contract between a service provider and a client that includes provisions for monetary damages and specific performance as remedies for breach of contract. If the service provider fails to deliver the agreed-upon services, the client could choose to seek monetary damages for the losses caused by the breach, and at the same time, they could request specific performance to compel the service provider to fulfill their obligations. The rights cumulative provision ensures that the client can pursue both remedies simultaneously, rather than being forced to choose one over the other.
In another example, a lease agreement may grant the landlord the right to terminate the lease for non-payment of rent and also allow for the recovery of unpaid rent. The rights cumulative provision ensures that the landlord can both terminate the lease and seek to recover any unpaid rent, without having to choose between the two actions.
An example of rights cumulative clause
Here’s how a rights cumulative clause might appear in a contract:
“The rights and remedies provided to the Parties under this Agreement are cumulative and not exclusive, and the exercise of one right or remedy shall not preclude the exercise of any other right or remedy available under this Agreement, at law, or in equity.”
Conclusion
Rights cumulative is a legal concept that ensures that all rights granted in a contract or agreement are additive rather than exclusive. It allows parties to exercise multiple rights at the same time, providing greater flexibility in enforcing the terms of the contract or protecting their interests. This provision is commonly used in contracts to ensure that one right does not limit the ability to pursue others, offering a broad range of remedies and protections.
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.