Cumulative Remedies in Contracts: What It Means
What Is a Cumulative Remedies Clause?
A cumulative remedies clause states that the remedies listed in the contract are in addition to — not instead of — any other remedies available under law or equity. In plain English, using one remedy does not prevent you from using others.
This is the opposite of an exclusive remedy clause. With cumulative remedies, if the other party breaches, you can pursue damages, specific performance, injunctive relief, or any combination that the law allows.
Why It Matters
Without a cumulative remedies clause, there is a risk that pursuing one remedy could be interpreted as waiving others. The clause eliminates ambiguity by making explicit that:
- Exercising one right does not waive another
- Contract remedies supplement (not replace) statutory and common-law rights
- No single remedy is intended to be exclusive unless the contract says otherwise
Typical Language
You might see wording like: "The rights and remedies provided herein are cumulative and not exclusive of any other rights or remedies provided by law." This standard boilerplate appears in most well-drafted commercial agreements.
What to Watch For
- Contradictions: A cumulative remedies clause that conflicts with an exclusive remedy clause elsewhere in the same contract creates confusion and potential litigation
- Carve-outs: Some clauses state that remedies are cumulative "except as otherwise provided," which means certain sections may override the general rule
- Interaction with damages caps: Even if remedies are cumulative, a separate limitation of liability clause may still cap total recovery
When to Consult a Lawyer
If your contract contains both cumulative remedies language and exclusive remedy or limitation clauses, consider having an attorney review the interplay between these provisions to understand your actual rights.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.