Subject Index Contracts

Read Before Signing

November
2024
Article
, Page 22
Important lessons from recent court rulings involving problematic contracts.

A contract granting a general contractor the right to stop work is insufficient to give rise to a duty of care owed to an employee of a subcontractor

October
2024
Illinois Law Update
, Page 16
On July 16, 2024, the Second District of the Illinois Appellate Court held a contract granting a general contractor the right to stop work is insufficient to give rise to a duty of care owed to an employee of a subcontractor.

Freelance workers must be paid by the date specified in the contract, or within 30 days after completion of the work if no date is specified

August
2024
Illinois Law Update
, Page 20
The Illinois General Assembly passed the Freelance Worker Protection Act. The Act provides that a freelance worker shall be paid the contracted compensation amount on or before the date the compensation is due under the terms of the contract.

Arbitration Consternation

By Amelia Buragas
May
2024
LawPulse
, Page 12
A surge in Illinois appellate cases challenging the enforceability of mandatory arbitration clauses in nursing home contracts.

Signing bonus not adequate consideration for confidentiality and nonsolicitation agreement signed by employee after employment had commenced

August
2023
Illinois Law Update
, Page 14
On May 22, 2023, the Third District of the Illinois Appellate Court held that a signing bonus did not constitute consideration for an employee’s confidentiality and nonsolicitation agreement because the signing bonus was not specifically designated as such.

Nursing home arbitration agreement found procedurally and substantively unconscionable

June
2023
Illinois Law Update
, Page 16
On March 20, 2023, the First District of the Illinois Appellate Court found that a nursing-home-arbitration agreement was procedurally and substantively unconscionable.

Defendants cannot compel arbitration after arbitration provision is terminated

October
2022
Illinois Law Update
, Page 16
On July 18, 2022, the First District of the Illinois Appellate Court held that a contract’s arbitration provision was unenforceable when the contract terminated upon a party’s death.

Arbitration agreement found unconscionable

August
2022
Illinois Law Update
, Page 16
On May 27, the First District of the Illinois Appellate Court held that an arbitration agreement was unconscionable and unenforceable.

Automatic renewal law requires online cancellation options for online agreements

March
2022
Illinois Law Update
, Page 18
This Act amends the Automatic Contract Renewal Act. The amendment requires an online cancellation option for consumers who enter into automatic renewal agreements online.

Photographer bearing media credential referencing a website with mandatory arbitration clause may not have assented to such terms

February
2022
Illinois Law Update
, Page 14
On Nov. 16, 2021, the First District of the Illinois Appellate Court held that there is a genuine issue of fact about whether a contract existed when a photographer bears a media credential that provides for mandatory arbitration.

Quantum meruit recovery not allowed when the underlying contract is unenforceable

December
2021
Illinois Law Update
, Page 14
On Sept. 8, 2021, the First District of the Illinois Appellate Court denied a quantum meruit recovery because the underlying contract was unenforceable on public policy grounds.

Claim of implied warranty of habitability improper where no privity of contract existed between general contractor and purchaser

November
2021
Illinois Law Update
, Page 16
On Aug. 5, 2021, the First District of the Illinois Appellate Court affirmed the circuit court’s judgment that a condominium purchaser could not pursue a claim for breach of implied warranty of habitability against a general contractor who had no contractual relationship with the purchaser.

Animal shelter’s decision to not allow plaintiff to adopt after plaintiff expressed interest does not constitute a breach of contract

October
2021
Illinois Law Update
, Page 14
The plaintiff filed a pro se complaint alleging breach of an oral contract and promissory estoppel. The plaintiff alleged that he had helped rescue a cat and told several employees of the defendant (an animal shelter) that he was interested in adopting the cat when it became available for adoption.

Arbitration provision on sports game ticket is procedurally unconscionable if difficult to find at the time of using the ticket

June
2021
Illinois Law Update
, Page 14
On March 16, 2021, the First District of the Illinois Appellate Court held that a ticket’s arbitration provision that is difficult to find at the time of use is procedurally unconscionable.

Baseball and Modern Life

By Pete Sherman
May
2021
LawPulse
, Page 12
Chicago Cubs lose arbitration-clause argument against injured fan.

One-sided arbitration clauses are not per se unconscionable

May
2021
Illinois Law Update
, Page 16
On Feb. 18, 2021, the Fifth District of the Illinois Appellate Court held that one-sided arbitration clauses are not per se unconscionable; instead, unconscionability hinges on the totality of the circumstances.

Right of First Refusal, Right?

By Mitchell L. Marinello & Andrew P. Shelby
January
2021
Article
, Page 40
Illinois courts do not treat all rights of first refusal equally.

Literally Taking the Case

By Andrew R. Schwartz & John Cerney
December
2020
Article
, Page 24
With a bit of luck and outside-the-box thinking, the clever litigator can save the day by seizing the opponent’s cause of action

Is Your Contract Immune to COVID-19?

September
2020
Article
, Page 16
Testing the limits and technicalities of force majeure.

Breaking the Statute of Limitations With Oral On-Demand Loans

By Benjamin R. Lawson
August
2020
Article
, Page 28
Examining when the statute of limitations begins to run for oral on-demand contracts.

Remote witnessing and notarization now available 

August
2020
Illinois Law Update
, Page 14
The General Assembly amended the Electronic Commerce Security Act to allow notarial and witnessing acts to be performed through “two-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness and the notary public.”

Party’s decision to terminate contract dispels all duties absent relevant survival clause

July
2020
Illinois Law Update
, Page 14
On May 1, 2020, the Third District Appellate Court held that the circuit court improperly granted summary judgment in favor of the defendant when it held that the plaintiff breached its contract by failing to provide notice to the defendant prior to pursuing a legal remedy.

COVID-19 and the Commercial Frustration Doctrine

June
2020
Article
, Page 18
The doctrine of commercial frustration offers a pathway to challenge pandemic-stymied contracts lacking clear force majeure clauses.

Evidence of oral agreement created an implied-in-fact contract between parties

May
2020
Illinois Law Update
, Page 16
The plaintiff and defendant entered into a written contract, under which the plaintiff provided equipment consulting services to the defendant.

Unimplied Warranty

By Rhys Saunders
June
2019
LawPulse
, Page 10
Illinois Supreme Court rules that buyers of new homes can't sue subcontractors under an implied-warranty-of-habitability theory.

From the Newsletters - Renewable Energy Construction Contracts

By Nathan Hinch
February
2019
Article
, Page 18
Before giving away the (solar or wind) farm, caveat emptor tips for land owners and bidding contractors.
1 comment (Most recent April 18, 2019)

Mending the Hold

By Stanley C. Nardoni
December
2018
Article
, Page 32
Can a legal doctrine named after an old wrestling term escape from under the pin of the Illinois Appellate Court?

Understanding the Limits on Indemnity Agreements

By Scott O. Reed
January
2018
Article
, Page 34
Do indemnity agreements typically require payment of the indemnified party's attorney fees? Can a party cap the amount of its liability, or is doing so against public policy? Here's a look at some of the key questions that arise in indemnity contracts.

What ‘As Is’ Is - and Isn’t

By Dmitry N. Feofanov
February
2017
Article
, Page 32
Sellers can use "as is" to disclaim implied warranties. But they can't disclaim fraud, and "as is" only applies if no "circumstances indicate otherwise" and the seller has not waived the disclaimer.

Breach of contract claim starts timer for legal malpractice claim

January
2017
Illinois Law Update
, Page 20
Filing a breach of contract claim triggers the limitations period for a legal malpractice claim against the attorney who assisted in drafting the contract.

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