For instance, a failure to pay on time may give rise to the right to terminate the contract.
Where there are specified remedies for specified breach, it is arguable that:
- the specified remedy is intended to be the sole and exclusive remedy for that breach
- other remedies which otherwise might be available will not be available to the innocent party.
They tend to be absent from contracts presented by suppliers, because they are the more likely party to have a claim made against them. They would usually prefer not to be exposed to rights over and above the minimum liability possible.
Allowing cumulative remedies does just that – preserve the maximum available rights, having regard for the terms of the contract.
But then, the other terms of the contract need to be looked at: including a Cumulative Remedies Clause may be redundant altogether, and add nothing to the contract.
Example: Cumulative Remedies Clause
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to any rights or remedies accrued as at the date of termination.