Commentary

38.2 Drafting points—cumulative remedies clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

38.2 Drafting points—cumulative remedies clause

| Commentary

38.2 Drafting points—cumulative remedies clause

The word ‘cumulative’ is sometimes used in such clauses1, but this word may be thought rather imprecise, or as lawyer’s shorthand. It may be better to use a phrase, such as

‘in addition to [other remedies]2.

Typically, such provisions are either stand-alone provisions, or tacked onto the clause giving the specific remedy, such as the interest clause. Clearly, thought should be given as to whether such a clause is appropriate in the contract under consideration and whether it should allow for remedies expressly provided under the agreement and/or access to remedies available under general law.

If a cumulative

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