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Inadequacy of Damages Clause Template

Inadequacy of Damages Clause

BS.SCL.11

This Inadequacy of Damages Clause is designed to emphasise that damages alone would not be an adequate remedy for breach of a contract by a particular party. This may apply, for example, in situations where monetary compensation would not remedy the damage suffered by the aggrieved party. In the event of a breach, the clause sets out the other remedies, such as specific performance, available to that party.

Despite setting such remedies out, however, a clause of this kind will not necessarily guarantee that a court will grant them; it is instead designed to be persuasive.

This template clause can be used in the drafting of a new contract or to amend or improve an existing one.

Optional text is enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This document is unlocked and in .doc format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” link below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.

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