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While legal remedies typically involve monetary damages, equitable relief typically refers to injunctions, specific performance, or vacatur. A court will typically award equitable remedies when a legal remedy is insufficient or inadequate.
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.
Certain contract terms can limit liability exposure from potential lawsuits and other claims that may arise. These terms are generally found in limited liability clauses. Certain contractual terms can also limit damages, such as a liquidated damages clause.
The two categories of remedies for bdocHub of contract are legal and equitable. In the legal category are damages; in the equitable category are specific performance, injunctions, and restitution.
Limitation of liability clauses are an important contractual tool designed to manage overall risk by limiting a partys potential liability for damages. This clause can be the most important term in a contract and should be carefully reviewed and understood. Often, limitations of liabilities are highly negotiated.
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There are several remedies for bdocHub of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.
EXCEPT IN THE CASE OF FRAUD, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because these damages are not as reasonably foreseeable when the parties contracted as direct damages, they are most times excluded in limitations provisions. Incidental, especially consequential damages, can be speculative, requiring the drafting party to consider excluding them in the limitation of liability clause.
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury.
(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goodsis prima facie unconscionable but limitation of damages where the loss is commercial is not.

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