Under Illinois law, a breach of contract often makes for a complex legal matter. In Illinois, a contract is assumed to have been formed when three conditions are met. 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, although this is much easier to prove the other party did not hold up their end of the bargain if you have a written agreement on the exact considerations.
A contract is said to be breached if one party fails to provide their consideration. If you believe someone has breached a contract with you, you’ll have to prove three factors exist (and all three of these exist) in order to have a valid 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
There are also other types of breaches. A fundamental breach is one that breaks a fundamental aspect of the agreement, an aspect so important that the wronged party can terminate the fulfillment of the entire contract. An anticipatory breach is where one party has every reason to suspect that the other party will breach, even if they have not yet, so they repudiate their part of the agreement first.
Speak With a Skilled Breach of Contract Lawyer
Have you breached, or has someone else breached, a legal contract that you are a party to? You may need to speak with a lawyer regarding your breach of contract disputes. In many cases, contracts list where and what forms of relief are available to the injured party. If you need help determining what claims may be made against you or by you, contact the Law Office of Paul M. Marriett today for a free, no-obligation consultation.
Rockford-based contract lawyer Paul M. Marriett has experience in many breach of contract disputes and would be happy to assist you.