Illinois Bar Journal

Subject Index Contracts

Quantum meruit recovery not allowed when the underlying contract is unenforceable

December
2021
Illinois Law Update
, Page 14
On Sept. 8, 2021, the First District of the Illinois Appellate Court denied a quantum meruit recovery because the underlying contract was unenforceable on public policy grounds.

Claim of implied warranty of habitability improper where no privity of contract existed between general contractor and purchaser

November
2021
Illinois Law Update
, Page 16
On Aug. 5, 2021, the First District of the Illinois Appellate Court affirmed the circuit court’s judgment that a condominium purchaser could not pursue a claim for breach of implied warranty of habitability against a general contractor who had no contractual relationship with the purchaser.

Animal shelter’s decision to not allow plaintiff to adopt after plaintiff expressed interest does not constitute a breach of contract

October
2021
Illinois Law Update
, Page 14
The plaintiff filed a pro se complaint alleging breach of an oral contract and promissory estoppel. The plaintiff alleged that he had helped rescue a cat and told several employees of the defendant (an animal shelter) that he was interested in adopting the cat when it became available for adoption.

Arbitration provision on sports game ticket is procedurally unconscionable if difficult to find at the time of using the ticket

June
2021
Illinois Law Update
, Page 14
On March 16, 2021, the First District of the Illinois Appellate Court held that a ticket’s arbitration provision that is difficult to find at the time of use is procedurally unconscionable.

Baseball and Modern Life

By Pete Sherman
May
2021
LawPulse
, Page 12
Chicago Cubs lose arbitration-clause argument against injured fan.

One-sided arbitration clauses are not per se unconscionable

May
2021
Illinois Law Update
, Page 16
On Feb. 18, 2021, the Fifth District of the Illinois Appellate Court held that one-sided arbitration clauses are not per se unconscionable; instead, unconscionability hinges on the totality of the circumstances.

Right of First Refusal, Right?

By Mitchell L. Marinello & Andrew P. Shelby
January
2021
Article
, Page 40
Illinois courts do not treat all rights of first refusal equally.

Literally Taking the Case

By Andrew R. Schwartz & John Cerney
December
2020
Article
, Page 24
With a bit of luck and outside-the-box thinking, the clever litigator can save the day by seizing the opponent’s cause of action

Is Your Contract Immune to COVID-19?

September
2020
Article
, Page 16
Testing the limits and technicalities of force majeure.

Breaking the Statute of Limitations With Oral On-Demand Loans

By Benjamin R. Lawson
August
2020
Article
, Page 28
Examining when the statute of limitations begins to run for oral on-demand contracts.

Remote witnessing and notarization now available 

August
2020
Illinois Law Update
, Page 14
The General Assembly amended the Electronic Commerce Security Act to allow notarial and witnessing acts to be performed through “two-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness and the notary public.”

Party’s decision to terminate contract dispels all duties absent relevant survival clause

July
2020
Illinois Law Update
, Page 14
On May 1, 2020, the Third District Appellate Court held that the circuit court improperly granted summary judgment in favor of the defendant when it held that the plaintiff breached its contract by failing to provide notice to the defendant prior to pursuing a legal remedy.

COVID-19 and the Commercial Frustration Doctrine

June
2020
Article
, Page 18
The doctrine of commercial frustration offers a pathway to challenge pandemic-stymied contracts lacking clear force majeure clauses.

Evidence of oral agreement created an implied-in-fact contract between parties

May
2020
Illinois Law Update
, Page 16
The plaintiff and defendant entered into a written contract, under which the plaintiff provided equipment consulting services to the defendant.

Unimplied Warranty

By Rhys Saunders
June
2019
LawPulse
, Page 10
Illinois Supreme Court rules that buyers of new homes can't sue subcontractors under an implied-warranty-of-habitability theory.

From the Newsletters - Renewable Energy Construction Contracts

By Nathan Hinch
February
2019
Article
, Page 18
Before giving away the (solar or wind) farm, caveat emptor tips for land owners and bidding contractors.
1 comment (Most recent April 18, 2019)

Mending the Hold

By Stanley C. Nardoni
December
2018
Article
, Page 32
Can a legal doctrine named after an old wrestling term escape from under the pin of the Illinois Appellate Court?

Understanding the Limits on Indemnity Agreements

By Scott O. Reed
January
2018
Article
, Page 34
Do indemnity agreements typically require payment of the indemnified party's attorney fees? Can a party cap the amount of its liability, or is doing so against public policy? Here's a look at some of the key questions that arise in indemnity contracts.

What ‘As Is’ Is - and Isn’t

By Dmitry N. Feofanov
February
2017
Article
, Page 32
Sellers can use "as is" to disclaim implied warranties. But they can't disclaim fraud, and "as is" only applies if no "circumstances indicate otherwise" and the seller has not waived the disclaimer.

Breach of contract claim starts timer for legal malpractice claim

January
2017
Illinois Law Update
, Page 20
Filing a breach of contract claim triggers the limitations period for a legal malpractice claim against the attorney who assisted in drafting the contract.

Are Courts Moving Past the ‘Four Corners’ Rule in Duty-to-Defend Cases?

By Richard J. VanSwol
December
2016
Article
, Page 30
Illinois courts seem increasingly willing to look beyond the terms of the policy and allegations of the complaint when deciding whether a liability insurer has a duty to defend its insured.

The Provisional Admission of Parol Evidence?

By Aaron T. Dozeman
May
2015
Article
, Page 34
The four corners rule bars admission of parol evidence to interpret contracts unless they're ambiguous. But in rare cases, the provisional admission approach might allow such evidence.

New residential real estate contract incorporates common modifications

By Matthew Hector
October
2014
LawPulse
, Page 466
A new version of the widely used multi-board real estate contract incorporates the most common changes lawyers made in its predecessor.
2 comments (Most recent February 20, 2015)

Protect Your Business Clients with a Prejudgment Interest Provision

By Kaitlyn Anne Wild
August
2014
Article
, Page 394
Damage awards can take years, and Illinois' prejudgment interest statute doesn't always apply. Why not include a prejudgment interest provision in contracts for your business clients?
1 comment (Most recent September 3, 2014)

Provision requiring mutual and written consent for termination of contract is void as against public policy

April
2014
Illinois Law Update
, Page 168
On February 7, 2014, the First District Appellate Court of Illinois held that a contract provision stating the agreement could only be terminated upon the express written consent of both parties created a perpetual contract, and was therefore void as contrary to public policy.

Principal must have full knowledge or have indicated agent had authorization to ratify contract

May
2013
Illinois Law Update
, Page 228
On March 8, 2013, the Illinois Appellate Court, First District, held there must be evidence that a principal indicated an agent was authorized to bind the principal to a contract prior to its signing, or that the principal had knowledge of the contract, for the principal to be liable under claims of apparent authority or ratification.

The Two Faces of Contract Ambiguity Claims

By Jack Leyhane
May
2012
Article
, Page 264
You 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.
2 comments (Most recent August 16, 2013)

Employment covenants not to compete: the high court lays down the law

By Helen W. Gunnarsson
January
2012
LawPulse
, Page 10
Rumors 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.
1 comment (Most recent December 22, 2011)

Two-year limitation on claims under insurance policy violates Illinois public policy

November
2011
Illinois Law Update
, Page 556
On August 30, 2011, the Appellate Court for the Third District of Illinois reversed a circuit court's denial of a motion to compel arbitration.

Civil engineers’ duty of care defined by contractual obligation

By Helen W. Gunnarsson
March
2011
LawPulse
, Page 118

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