(309) 699-4691 tom@stumari.co

Need a Contract Attorney?

Ask your contract question to Peoria contract attorney, Tom Howard, right now. He serves people and businesses all over Illinois on contract issues like:

  1. Specific Performance
  2. Construction Disputes
  3. Litigation in Court
  4. Shareholder Disputes
Thomas Howard

Thomas Howard

Litigation Attorney

A Peoria contract attorney named as a Rising Star and Emerging Lawyer, which only 2% of all attorneys receive. Practicing in contract litigation with a concentration on enforcement of loan documentation.

  

Questions?

Each day, I answer one free question regarding business litigation issues.

Ask yours today.

Questions?

Each day, I answer one free question regarding business litigation issues.

Ask yours today.

Need a Peoria Contract Lawyer?

Ask your contract question to attorney, Tom Howard, right now. He serves people and businesses all over Illinois.

Thomas Howard

Thomas Howard

Litigation Attorney

A Rising Star and Emerging Lawyer, which only 2% of all attorneys receive. Practicing in contract litigation with a concentration on enforcement of loan documentation.

 

Questions?

Each day, I answer one free question regarding business litigation issues.

Ask yours today.

Questions?

Each day, I answer one free question regarding business litigation issues.

Ask yours today.

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

R. Martindale

Working with Tom Howard was great. He helped us navigate a real estate contract, and was incredibly knowledgeable and helpful!

N. Pierson

SPECIAL OFFER!

Free Consultation with a Peoria contract attorney

No thanks, I do not want this offer.

Peoria contract attorney

breach of contract

We enter into a number of contracts each and every day. Contracts are made on a regular basis, and it doesn’t need to be written or signed by both parties in order for it to be considered a legal contract.

For example, if you pay for a ticket at a movie, the theater is required to give you a seat to the show, otherwise they are in breach of the contract that is established when you place an order at their box office. Similarly, when you pay your mortgage or your credit card bill, you’re holding up your end of the contract. You’re probably involved in a bunch of contracts at the moment, but what happens when you or the other party fails to hold up their end of the bargain? That’s the focus of today’s blog by a Peoria contract attorney on the basics of breach of contract laws in Illinois.

Types Of Legal Contracts

We rattled off a couple of examples of contracts you may already be involved in, but there are even more types of contract that are subject to breach of contract laws here in Illinois. Some common contracts that end up going before a judge include:

  • Business-Employee Contracts
  • Non-compete/Non-disclosure
  • Real estate/Property transactions
  • Rental or lease agreements
  • Business-to-business contracts
  • Utilities contracts (phone, Internet, cable, etc.)
  • Purchase of goods/services

Contract Formation and Breach of Contract

Under Illinois law, a contract is assumed to have been formed when three conditions are met – just like three legs of a stool. Those conditions are:

  • An offer by one party
  • An acceptance by a second party
  • A “consideration” that is exchanged (money for goods or services, etc.)

If these conditions are met, it can be assumed that a legal contract has been formed. The contract does not need to be drafted and then signed by both parties in order to be valid, but it’s a lot easier to prove the other party did not hold up their end of the bargain if you have a written agreement on the exact exchange of considerations. You should also get a receipt, bill of sale, and draw up a contract for serious matters if the amount in controversy is more than a few hundred dollars.

A contract is said to be breached if one party fails to perform, or defaults, on their consideration – sometimes called an obligation or duty. If you believe someone has breached a contract they have with you, you’ll have to prove three facts in court by a preponderance of the evidence – which is about 51% chance of something happening.. You need to prove that all three of these things in order to win your breach of contract claim. They are:

  • A legal contract exists
  • One party failed to live up to their end of the bargain
  • One party suffered damages as a result of breached contract

Ask Your Contract Question

7 + 15 =

Is time of the essence in your contract? Missed deadlines are costly!

Day(s)

:

Hour(s)

:

Minute(s)

:

Second(s)

Thomas Howard was on the ball and got things done. Easy to work with, communicates very well, and I would recommend him anytime.

R. Martindale

Working with Tom Howard was great. He helped us navigate a real estate contract, and was incredibly knowledgeable and helpful!

N. Pierson

SPECIAL OFFER!

Free Consultation on your Contract Issue

No thanks, I do not want this offer.

breach of contract

peoria contract attorney

We enter into a number of contracts each and every day. Contracts are made on a regular basis, and it doesn’t need to be written or signed by both parties in order for it to be considered a legal contract.

For example, if you pay for a ticket at a movie, the theater is required to give you a seat to the show, otherwise they are in breach of the contract that is established when you place an order at their box office. Similarly, when you pay your mortgage or your credit card bill, you’re holding up your end of the contract. You’re probably involved in a bunch of contracts at the moment, but what happens when you or the other party fails to hold up their end of the bargain? That’s the focus of today’s blog on the basics of breach of contract laws in Illinois by peoria contract attorney, Tom Howard.

Types Of Legal Contracts

We rattled off a couple of examples of contracts you may already be involved in, but there are even more types of contract that are subject to breach of contract laws here in Illinois. Some common contracts that end up going before a judge include:

  • Business-Employee Contracts
  • Non-compete/Non-disclosure
  • Real estate/Property transactions
  • Lease or rental agreements
  • Business-to-business contracts
  • Utilities contracts (Internet, phone, cable, etc.)
  • Purchase of goods/services

Contract Formation and Breach of Contract

Under Illinois law, a contract is assumed to have been formed when three conditions are met – just like three legs of a stool. Those conditions are:

  • An offer by one party
  • An acceptance by a second party
  • A “consideration” that is exchanged (money for goods or services, etc.)

If these conditions are met, it can be assumed that a legal contract has been formed. The contract does not need to be drafted and then signed by both parties in order to be valid, but it’s a lot easier to prove the other party did not hold up their end of the bargain if you have a written agreement on the precise exchange of considerations. You should also get a receipt, bill of sale, and draw up a contract for serious matters if the amount in controversy is more than a few hundred dollars.

A contract is said to be breached if one party fails to perform, or defaults, on their consideration – sometimes called an obligation or duty. If you believe someone has breached a contract they have with you, you’ll have to prove three facts in court by a preponderance of the evidence – which is about 51% chance of something happening according to a peoria contract attorney. You need to prove that all three of these things in order to win your breach of contract claim. They are:

  • A legal contract exists
  • One party failed to live up to their end of the bargain
  • One party suffered damages as a result of breached contract

Ask Your Contract Question

14 + 10 =

Is time of the essence in your contract? Missed deadlines are costly!

Day(s)

:

Hour(s)

:

Minute(s)

:

Second(s)

Is time of the essence in your contract? Missed deadlines are costly!

Day(s)

:

Hour(s)

:

Minute(s)

:

Second(s)