Illinois Contract Law 

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Guide to Illinois Contract Law Education and Training

Get the right training to protect your business with IL contract law

By Emmet McMahan


Illinois contract law is an exchange of promises that is enforceable by law. Illinois contract law education and training includes a broad range of issues, such as the sale of property, the terms of employment or the settlement of a dispute.

Contract law in Illinois state allows both written and oral contracts. A written contract may be required when making a large purchase such as a car or house, while a smaller purchase like a book may be considered an oral contract. A contract typically requires the following three elements in order to be enforceable:
  1. Mutual consent. The contract laws in Illinois requires that the parties agree on what the contract covers.
  2. Mutual consideration. The parties must exchange something of value. A contract may not be enforceable if a party is already obligated to provide the consideration or if the consideration is essentially worthless.
  3. Offer and acceptance. The contract contains an offer from one party that is accepted by the other party. A counter-offer is not an acceptance and is typically considered to be a rejection of the offer.

Action Steps
The best contacts and resources to help you get it done


Attend a law school that specializes in Illinois state contract laws

There are a variety of universities in Illinois that provide a concentration in commercial law or business law, which typically includes coursework on Illinois contract law.

I recommend: The Litigation and Alternative Dispute Resolution program at the Chicago-Kent College of Law provides a concentration in contract law. The University of Chicago Law School offers law clinics that emphasize contract law, such as the Institute for Justice Clinic on Entrepreneurship.

Obtain Continuing Legal Education (CLE) for a contract attorney in Illinois

Illinois requires attorneys to stay current on changes in the law through CLE courses. There are a variety of education and training programs in Illinois that provide CLE credit in contract law.

I recommend: The Illinois State Bar Association provides a schedule of upcoming classes on contract law that offer CLE credit in Illinois, such as Advanced Practice Issues for Employment Lawyers. Apex CLE is a provider of CLE seminars in Illinois, including those on contract law.

Learn through professional training opportunities for a contract lawyer in Illinois

Conferences, seminars and workshops are excellent methods for Illinois contract lawyers to improve their knowledge of the law. This training is typically provided by professional associations, law firms or dedicated providers of legal training.

I recommend: The Chicago Bar Association provides CLE seminars on a variety of topics throughout the year, including contract law. The DuPage County Bar Association holds seminars and other meetings on many legal topics like contract law.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  An IL contract attorney should join professional organizations that are dedicated to the practice of state of Illinois contract law. These associations provide a number of resources essential for the practicing contract law attorney, including contact information for important courts, assistance with meeting CLE requirements and links to the recent contract law rulings.
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Guide to Illinois Contract Law

Understand Illinois contract law to protect your business, clients and customers

By Patti Richards, Free Lance Writer, PGWRites Communications


Contract law in Illinois helps protect business owners entering into agreements with suppliers and contractors. Contract law in Illinois helps keep boundaries between companies clear and working relationships positive.

A contract attorney in Illinois makes it his business to protect yours. Having the right contract law attorney in Illinois keeps business owners aware of their rights and responsibilities. Without a contract law attorney in Illinois, the terms of your agreement may not be as clear as you need them to be.

Contract law in Illinois allows businesses to agree on terms beneficial to both. With the right contract law in Illinois, businesses grow in both size and profitability. Quality contract law in Illinois helps reduce the need to go to court when clearly written. IL Contract law will:

1. Protect business owners from law suits between parties according to Illinois state contract laws.

2. Provide clear guidelines between businesses and their contractors.

3. Help business owners maintain good relationships between themselves and their contractors.

4. Eliminate the need for court appearances and costly law suits related to Illinois contract law issues.


Action Steps
The best contacts and resources to help you get it done


Work with an experienced contract lawyer in Illinois

Not all attorneys specialize in contract law. Finding an IL contract attorney who knows contract law well is the first step to getting quality contracts.

I recommend: Sugar, Friedberg & Felsenthal LLP and Adamski & Conti, both of Chicago, provide expert service in all areas of corporate law, including contracts.

Understand how the independent contractor relationship works under Illinois contract law

More and more large companies enlist the services of independent contractors during times when business is heavy. Even independent contractors need the services of a quality legal team. Large companies who provide contractor services have the right legal team behind them to make sure you're getting what you pay for.

I recommend: The IRS website provides working definitions of what constitutes a contractor relationship for federal tax purposes. Nolo is a legal resource that further explains the difference between employees and independent contractors and their relationship under state contract laws.

Get a working knowledge of state of Illinois contract law before entering into service contracts

It pays to have a basic understanding of some of your rights under Illinois state contract law before visiting your contract law attorney. Good information helps you ask the right questions and understand some of the terms the attorney might use.

I recommend: FindLaw provides some basic information about contract law for the business owner or independent contractor. Lawyers.com offers message boards so you can obtain feedback almost instantaneously.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  Stay away from pre printed contracts you might find on the Internet. Contract laws in Illinois are highly specialized. Having qualified legal counsel is priceless when entering into any contract.
  • •  Don't ever sign a contract until you completely understand the terms of the agreement. Contracts are legally binding and difficult to break once signed.
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Guide to Illinois Contract Law Key Terms

Understand the terminology associated with Illinois contract law

By Mary Yamin-Garone


Contracts are an important part of everything we do. They preside over all written—and occasionally verbal—agreements between individuals and businesses. These legal documents outline the terms of employment, settle a dispute, establish ownership and detail the conditions of the sale of goods or property. Illinois contract law works to set up clear parameters between businesses (or persons) and effective working relationships. Before entering into a contract in Illinois you should become understand some basic legal terminology.

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Condition precedent

A condition precedent is an inferred or specific condition of a contract that defers that contract from taking effect until certain events or actions take place.

I recommend: The University of Chicago explains condition precedent, its interpretation, enforceability and conditions of satisfaction.

Breach of contract

In simple terms, breach of contract means going back on your word without a lawful reason whether it be a verbal or written agreement. Not completing a job, not paying for goods or services in full or on time, not delivering a complete order or using lesser or different items are considered breach of contract.

I recommend: Learn more about breach of contract in Illinois law by visiting R.S. Kohn website.

Anticipatory repudiation

Anticipatory repudiation is a breach of contract that happens when one party explicitly proclaims they do not intend to hold up their part of the contract. In such cases, the other party may decide to terminate the contract and sue for damages for the anticipatory repudiation.

I recommend: Books.google.com explains anticipatory repudiation in Illinois contract law. Read about anticipatory repudiation in an Illinois contract lawsuit.

Acceptance

Acceptance means just that-accepting or agreeing with a proposal's terms and conditions. Once an offer is accepted, a contract can be drawn up. An employee who agrees to work for established wages is a form of acceptance.

I recommend: Businesslawchicago explains acceptance and Illinois contract law.

Legally binding

To be legally binding, the parties involved must be in agreement regarding the terms and conditions specified in a verbal or written contract and something of value must change hands.

I recommend: Chicago Business Litigation Attorney Blog gives a more detailed explanation of what it takes to make a legally binding contract in Illinois.

Statute of frauds

In Illinois contract law, a statute of frauds calls for specific contracts to be in writing if they are to be enforced. These documents typically include those to sell, lease or mortgage real estate; contracts that, based on their terms and conditions, cannot be carried out within one year from the date of creation; prenuptial and collateral agreements; and those contracts used for selling goods worth more than $500.

I recommend: Illinois Legal Aid explains the statute of frauds and how it applies to Illinois contract law.
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Guide to Illinois Contract Law News and Trends

Build your law practice by keeping informed on news of contract laws in Illinois

By Emmet McMahan


Attorneys in Illinois have good reason to stay informed on Illinois contract law news and trends. Attorneys need to keep track of current forms and procedures in Illinois contract law. A court can also make a new ruling in cases involving contract law, which can affect the way these attorneys do their jobs. Attorneys also may need to stay updated on what the public is saying about contract law, in order to correct any misconceptions they may have.

The best sources of information on news and trends for IL contract law may be grouped into the following three categories:
  1. Government websites on Illinois state contract laws. These sites are the best source of official news on Illinois contract law, such as current procedures or rulings.
  2. Independent sources of news on Illinois contract laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on contract law that do not rely on any particular business or lobby group.
  3. Contract law attorneys. Legal professionals may be able to provide inside news and information on contract law.


Action Steps
The best contacts and resources to help you get it done


Find state websites with official news and other information on Illinois law regarding contracts

Illinois government websites are the best places to get the latest news about Illinois contract law. An Illinois government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to Illinois contract law.

I recommend: Illinois Courts has a list of recent decisions that involve contract law in Illinois, such as Landis v. Marc Realty, L.L.C. The Illinois State Bar Association lists recent news on cases involving contract law in Illinois.

Examine independent sources of news and trends on state of Illinois contract law

Universities, law libraries and other organizations frequently report on recent court cases and legislative updates on Illinois contract law. Individuals also may keep blogs and journals on contract law in Illinois.

I recommend: The Chicago Business Litigation Attorney Blog provides a current post on adhesion contracts in Illinois. The Chicago IP Litigation Blog has a post on a decision on contract law by the Supreme Court.

Find inside news on contract law from a contract lawyer in Illinois

A contract attorney in Illinois frequently has information on Illinois law that is not available elsewhere. These attorneys may publish newsletters or full length articles on a particular aspect of contract law in Illinois.

I recommend: Huck Bouma is located in Wheaton and offers articles on topics of contract law, such as buy-sell agreements. Levenfeld Pearlstein is based in Chicago and provides a current article on emails that become contracts.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  Contract law in Illinois specifies the conditions under which a contract may be enforceable. Generally, a valid contract between party A and party B requires that party A gives something of value to party B, and party B must give something of value to party A. The two parties also must agree on the items of value. Contracts made under duress or coercion are generally unenforceable.
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Illinois Contract Law Education and Training

Get the right training to protect your business with IL contract law.
Illinois contract law is an exchange of promises that is enforceable by law. Illinois contract law education and training includes a broad range of issues, such as the sale of property, the terms of employment or the settlement of a dispute.Contract law in Illinois state allows both written and oral contracts. A written contract may be required when making a large purchase such as a car or house, while a smaller purchase ... Read more