Commentary

38.1 Purpose of ‘cumulative remedies’ clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

38.1 Purpose of ‘cumulative remedies’ clause

| Commentary

38: CUMULATIVE REMEDIES

(For cumulative remedies clauses see Form 38.1 [1601] onwards.)

38.1 Purpose of ‘cumulative remedies’ clause

The term ‘cumulative remedies’ is a convenient shorthand for the type of clause which provides that remedies provided for under the contract are in addition to any other rights or remedies a party may have. For example:

  1. (a)

        there may be a clause in a contract stating that Party A may charge interest on late payments (but does not provide a right to terminate); Party A may also wish to terminate the contract if payments are made persistently late, rather than just charge interest;

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