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.
Employment covenants not to compete: the high court lays down the lawBy Helen W. GunnarssonJanuary 2012Lawpulse, Page 10Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.
Civil engineers' duty of care defined by contractual obligationBy Helen W. GunnarssonMarch 2011Lawpulse, Page 118Where the contract provided for "replacement" of a bridge deck, the defendant engineer had no duty to make improvements that might have saved lives, the high court said.
Supreme court: contractors can enforce oral home-repair contractsBy Helen W. GunnarssonNovember 2010Lawpulse, Page 558The high court looks to a recent revision in the Home Repair and Remodeling Act in holding that a contractor can enforce an oral contract against a homeowner.
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.
Promissory Estoppel: Alive and Well in IllinoisBy Helen W. GunnarssonMay 2009Lawpulse, Page 220The Illinois Supreme court holds that promises "reasonably inducing action or forbearance" are binding in Illinois.
Drafting Enforceable Noncompetition Agreements in IllinoisBy Peter A. SteinmeyerApril 2009Article, Page 194Learn how to increase the odds that your employer-client’s noncompete will pass judicial muster in Illinois’ unfriendly legal environment.
Only actual damages are recoverable under Breach of Promise ActNovember 2008Illinois Law Update, Page 554On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding that the defendant had committed legal malpractice.
Fraudulent Misrepresentation in Illinois Employment CasesBy Richard J. GonzalezSeptember 2008Article, Page 464More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.
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.
Fraudulent misrepresentation tort limited to businessBy Helen W. GunnarssonJune 2008Lawpulse, Page 278Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
Home Repair and Remodeling Act: unfair to contractors?By Helen W. GunnarssonJune 2008Lawpulse, Page 278A newsletter author argues that the Act is unfair to contractors and that the recent supreme court case interpreting it defeats its purpose.
Seller must refund earnest money deposit for failure to provide real estate disclosure statementApril 2008Illinois Law Update, Page 180On January 30, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the Circuit Court of Christian County awarding the plaintiffs $10,000 plus costs for the defendant's failure to provide the plaintiffs with a real estate disclosure statement.
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.
Melena and Mandatory Arbitration Agreements in Employment ContractsBy Andrew HarrisAugust 2007Article, Page 418A look at the Illinois Supreme Court's arbitration-friendly decision in Melena, complete with pointers for drafting or challenging arbitration clauses in its wake.
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?
