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Our Naperville breach of contract attorneys are experienced and knowledgeable. We take pride in our excellent client communication and cost-effective rates.
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Our Naperville contract litigation attorneys further discuss common defenses to breach of contract in the following companion article. These may include:
Additionally, we explain other considerations in contract defense that could potentially make the contract illegal. These include contract loopholes and unenforceable one-sided clauses.
Our Naperville contract litigation lawyers help you better understand Motions to Dismiss in contract litigation in this supplemental article.
Motions to Dismiss include two different types, 2-615 and a 2-619. In this article, we discuss the difference between them and how Motions to Dismiss can terminate unmeritorious cases. If a Motion to Dismiss is filed, both sides will submit briefs to the court. This is done before an oral argument in hopes of persuading the judge to rule in your favor.
Our Naperville contract litigation attorneys discuss the importance of an attorney fee clause in your contracts in the following companion article.
In general, the attorney fee clause allows the winning party in a contract litigation to collect court cost and attorney fees from the opposing party. The attorney fee clause prevents lawsuits over minor disagreements and makes meritorious suits more affordable.
To prevail on a breach of contract claim in Illinois, the plaintiff must establish four elements: (1) a valid and enforceable contract exists — meaning there was an offer, acceptance, and consideration (something of value exchanged); (2) the plaintiff performed their obligations under the contract or had a valid excuse for not doing so; (3) the defendant failed to perform their contractual obligations; and (4) the plaintiff suffered damages as a result. Contracts can be written, oral, or implied — but certain agreements, including real estate contracts, must be in writing under the Illinois Statute of Frauds to be enforceable. Even if no written contract exists, emails, texts, and course of conduct can sometimes establish the terms of an enforceable agreement.
Illinois imposes different statutes of limitations depending on the type of contract. For written contracts, you have 10 years to file suit (735 ILCS 5/13-206). For oral contracts, the limitation is 5 years (735 ILCS 5/13-205). For contracts involving the sale of goods under the Uniform Commercial Code (UCC), the period is 4 years. The clock generally starts running at the time of the breach, not when you discover it. Waiting too long can forfeit your right to sue even if the breach is clear-cut — so it is important to consult an attorney as soon as you become aware of a potential breach. Our Naperville breach of contract attorneys can evaluate your timeline and options.
When a contract is breached in Illinois, the non-breaching party may pursue several remedies. Compensatory damages are the most common — designed to put the injured party in the position they would have been in had the contract been performed. Consequential damages may be recovered for indirect losses that were foreseeable at the time of contracting. Specific performance — a court order compelling the breaching party to fulfill their obligations — is available when monetary damages are inadequate, such as in real estate or unique goods contracts. Liquidated damages may apply if the contract specifies the amount owed in case of breach. Illinois follows the "American Rule" on attorney's fees, meaning each party generally pays their own — unless the contract includes a prevailing party clause or a statute authorizes fee recovery. Non-breaching parties must also mitigate their damages by taking reasonable steps to minimize losses.