On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.
On March 20, 2023, the First District of the Illinois Appellate Court found that a nursing-home-arbitration agreement was procedurally and substantively unconscionable.
On July 18, 2022, the First District of the Illinois Appellate Court held that a contract’s arbitration provision was unenforceable when the contract terminated upon a party’s death.
This Act amends the Automatic Contract Renewal Act. The amendment requires an online cancellation option for consumers who enter into automatic renewal agreements online.
On Nov. 16, 2021, the First District of the Illinois Appellate Court held that there is a genuine issue of fact about whether a contract existed when a photographer bears a media credential that provides for mandatory arbitration.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
Filing a breach of contract claim triggers the limitations period for a legal malpractice claim against the attorney who assisted in drafting the contract.
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 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.
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?
