The Two Faces of Contract Ambiguity ClaimsBy Jack LeyhaneMay 2012Article, Page 264You could argue that a contract provision is ambiguous because it has more than one meaning. Or you could argue that it doesn't have any clear meaning. The article looks at both approaches.
2008 Global Credit Crisis and the Impossibility of Performance DoctrineOctober 2010Illinois Law Update, Page 508On July 19, 2010, the Appellate Court of Illinois, First District, upheld a section 2-615 motion to dismiss from the Circuit Court of Cook County, finding that the 2008 global credit crisis was not adequate grounds to rescind a contract under the doctrine of impossibility of performance.
Violations of the Home Repair and Remodeling Act do not render a contract void and unenforceableSeptember 2010Illinois Law Update, Page 452On June 30, 2010, the Appellate Court of Illinois, First District, reversed a decision of the Circuit Court of Cook County, finding that a contractor's procedural violations of the Home Repair and Remodeling Act ("the Act") (815 ILCS 513/1 et seq) did not preclude the contractor from asserting a mechanic's lien or breach of contract claim.
Jordan v Knafel: A Troubling Take on Mutual Mistake?By Joseph SiprutJune 2009Article, Page 308The first district found for Micheal Jordan against his former mistress in a case that, while interesting, includes a troubling analysis of the mutual-mistake doctrine you should know about.
The "Buyer's Option" Contract in IllinoisBy John J. D'AttomoAugust 2008Article, Page 418Recent opinions have recognized a buyer's-option contract that obligates sellers to sell without also requiring buyers to buy.
Winning the Battle of the FormsBy William J. Ryan and John B. ThorntonJuly 2008Article, Page 364Many contracts are formed by the exchange of price quotes, purchase orders, and invoices, which often contain conflicting terms. This article reviews typical "battle of the forms" issues.
Illinois supremes reject pre-existing debt ruleBy Helen W. GunnarssonDecember 2007Lawpulse, Page 622Under the rule, A’s promise to pay B’s debt is enforceable even if A didn’t put it in writing if it’s made before the debt was incurred. The high court says that’s not the law in Illinois.
Another look at attorney approval clausesBy Helen W. GunnarssonOctober 2006Lawpulse, Page 518Attorney-proposed changes to real estate contracts containing attorney-approval clauses should not be viewed as counteroffers that terminate the agreement, a law prof opines.
Mandatory arbitration agreements are binding on employeesJune 2006Illinois Law Update, Page 284On March 23, 2006, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Fifth District, which held that mandatory arbitration agreements between employers and employees are only valid if entered into "knowingly and voluntarily" by the employee.
Sour notesBy Helen W. GunnarssonMarch 2006Lawpulse, Page 110The destructive, expensive breakup of a string quartet leads to the obvious question: what advance legal planning might have kept things from getting out of control? And what can you do for your musician clients?