Legal Definitions - cumulative remedy

A cumulative remedy refers to a legal principle where a party who has suffered a wrong is entitled to pursue or receive multiple forms of relief, and these remedies are not mutually exclusive. This means that instead of having to choose just one type of compensation or action, the aggrieved party can combine different remedies to fully address the harm they've experienced. The remedies "accumulate," allowing for a more comprehensive resolution of the legal issue.

• Example 1: Breach of Contract for a Unique Item

  Imagine a collector commissions a renowned sculptor to create a unique, one-of-a-kind statue. The sculptor breaches the contract by failing to deliver the finished artwork by the agreed-upon date. In this situation, the collector might be able to seek a cumulative remedy. They could pursue specific performance, which is a court order compelling the sculptor to complete and deliver the statue as promised (an equitable remedy). Additionally, the collector could also seek monetary damages for any financial losses incurred due to the delay, such as lost opportunities to display the art or additional costs for temporary decorations. Both remedies address different aspects of the breach and can be pursued together.

• Example 2: Landlord-Tenant Dispute with Property Damage and Unpaid Rent

  Consider a scenario where a tenant not only fails to pay rent for several months but also causes significant physical damage to the rental property, such as breaking appliances and damaging walls. The landlord can seek cumulative remedies. They can pursue an eviction order to legally remove the tenant from the premises (a possessory remedy). Simultaneously, the landlord can also sue for monetary damages to recover the unpaid back rent and the costs associated with repairing the property damage. These are distinct forms of relief addressing different harms caused by the tenant's actions, and the landlord is not forced to choose between them.

• Example 3: Defective Product Causing Injury

  Suppose a consumer purchases a new kitchen appliance that turns out to be defective and, due to the defect, causes a fire that injures the consumer and damages their kitchen. The consumer may be entitled to cumulative remedies. Under consumer protection laws or warranty agreements, they could seek a refund for the defective appliance or a replacement. In addition, under product liability law (a type of tort law), they could also pursue monetary damages to cover medical expenses for their injuries, pain and suffering, and the cost of repairing the fire damage to their kitchen. The remedies for the defective product itself and the resulting personal injury and property damage are distinct and can be sought concurrently.