56-47-109 - Exclusivity of remedies under § 56-47-108.
56-47-109. Exclusivity of remedies under § 56-47-108.
(a) The remedies expressly provided in § 56-47-108 shall be the only private remedies for violations of this chapter and no additional remedies shall be implied. The remedies available under § 56-47-108 shall not be used in conjunction with or in addition to any other remedies available at law or in equity to duplicate recovery for the same element of economic damage. Further, in any civil action pleading both exemplary damages and the treble damages available in § 56-47-108(c), the plaintiff shall elect one or the other remedy, but not both, at the conclusion of the evidentiary phase of the trial.
(b) However, nothing in this chapter shall limit or abrogate any right of action that would have existed in the absence of this chapter, but no action based on such a right shall rely on this chapter to establish a standard of conduct or for any other purpose.
[Acts 1996, ch. 944, § 48.]