The Elements of a Breach of Contract Claim in Illinois:
Illinois courts recognize a breach of contract when a party to the contract fails to perform the obligations agreed upon without a legal reason.
- To be enforced by law, the contract should be complete with an offer, proposal and acceptance.
- The parties should also have capacities to consent and should be legally entitled to enter into agreement.
- The court recognizes the party who fails in performing the duty as the defendant.
- Once breach of contract in Illinois is proven, the plaintiff is absolved from all obligations under the contract.
- However, the plaintiff should have performed all duties that would have enabled the defendant to perform his promise before filing a legal suit.
Bear in mind that although all of these elements are true, the victim won’t be ready to recover if the breaching party encompasses a valid defense to breach of contract claims
Defenses to breach of contract:
- Material breach by the opposite party: If the person you contracted with has himself breached the contract, then you’re not bound by it, so long because the breach is material. A breach is material if it’s the kind of breach that defeats the aim of the contract.
- Anticipatory Repudiation: If the opposite party represents or takes action to point that he doesn’t will perform his obligations underneath the contract, you’re exonerated of your own obligation to perform.
- Duress: If you were forced to sign the contract against your will, you’re not bound by it. This defense includes not only physical force however conjointly economic force.
- Unconscionability: An unconscionable contract is one that’s extraordinarily one-sided in favor of the party with superior negotiation power. This typically happens within the context of a take-it-or-leave-it contract, referred to as an contract of adhesion,
- Mistake: Courts won’t enforce a contract wherever there’s a material mistake concerning the subject matter, so long as the mistake is mutual.
- Fraud: If you entered into a contract as a result of a material deception of truth by the opposite party, the contract isn’t enforceable against you.
- Undue influence: A contract won’t be upheld wherever one party exercises control over another party therefore on overcomes that party’s independent judgment.
- Impracticability: If a sudden event makes performance of the contract not possible or infeasible, neither party are going to be bound by the contract.
There are some other considerations regarding the defense from breach of contract law in Illinois. Those are:
- Loopholes: The terms of the contract could offer you with a loophole that has you with an out. Make sure to have your attorney review your contract.
- Statutes: State or federal statutes could invalidate your contract or certain clauses inside it.
- One-sided clauses: Many states can interpret a one-sided contract clause as reciprocal. as an example, a provision requiring only 1 party of a contract to pay attorney fees if it loses in judicial proceeding is also applied to each party by the courts.
- Ambiguities: Ambiguities within the contract are going to be interpreted against the drafter, particularly wherever the drafter has superior negotiation power.
- Modification: Usually the opposite party is going to be willing to renegotiate and modify the contract supported modified circumstances.