The remedies cumulative clause typically states that the nonbreaching party to a contract is allowed to pursue any and all remedies that may be available under the facts of the dispute, even though some of those remedies may be inconsistent with each other. The modern day general rule—applied by most states—is that all remedies, whether at common law, under statute, under equitable principles, are cumulative. This general rule applies only in the absence of specific contractual provisions to the contrary. A party’s intent to limit cumulative remedies must be clear. |


