Section Newsletters

Articles on Contracts

Do You Know Who You Are Dealing With? Get the Legal Business Name of Your Customer By Adam B. Whiteman Commercial Banking, Collections, and Bankruptcy, November 2020 If you are entering in to a contract or a credit agreement by which you will be providing goods or services to another business, it is critical that you correctly identify your customer’s name on the contract and/or credit agreement.
Drafting tips for private security guard company contracts to protect property managers from third-party liability by limiting their ‘duties’ By Terence D. Brennan Business and Securities Law, May 2019 When implementing a security plan and hiring security guards, property managers must weigh the benefits of enhanced security against the risks of liability.
What color is your contract? By William J. Anaya Real Estate Law, June 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
What color is your contract? By William J. Anaya Environmental and Natural Resources Law, March 2018 Most transactions involve well-meaning people. But when they don’t, the contract is the evidence of what was intended, and you are the person who prepared the contract.
Silence as acceptance in contract— A brief summary of Arab Middle Eastern law By Howard L. Stovall International and Immigration Law, September 2014 In most instances, silence in the face of an offer is not sufficient to constitute such acceptance. However, there are some limited exceptions in which silence can be deemed acceptance.
Disposition of frozen embryos is governed by contract By Michele M. Jochner Bench and Bar, November 2013 The case of Szafranski v. Dunston has drawn nationwide attention as it not only addresses emerging, cutting-edge legal issues with respect to the use of reproductive technology, but it also has engendered emotionally-charged debate regarding fundamental questions concerning the creation of families and whether a person can change his or her mind about being a potential parent.
Implied-in-fact contract claims and motions to reconsider By Paul B. Porvaznik Real Estate Law, November 2013 In 1801 W. Irving, LLC v. Splitt Architects, Ltd., a plaintiff developer sued an architect for breach of an oral contract and for implied indemnity in connection with the construction of a condominium building.
Writing agreements clients can understand By Christine M. Kieta Corporate Law Departments, August 2012 When written well, contracts improve business relationships and control future problems. Here are three strategies for creating appealing, simple and easy-to-read agreements. 
1 comment (Most recent September 7, 2012)
International Internet jurisdiction under the Convention on the Use of Electronic Communication in International Contracts By Kitsuron Sangsuvan International and Immigration Law, January 2012 When two states claim jurisdiction over transactions, international jurisdictional conflict arises: Where can the plaintiff sue? Which country’s laws apply?
Beware and aware of those international treaties! By Lynne R. Ostfeld International and Immigration Law, May 2011 Any attorney involved with an international transaction needs to be aware of treaties such as the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Use of Electronic Communications in International Contracts and make a determination if he or she will accept or exclude their provisions.
Selected developments in ag law By Donald L. Uchtmann Agricultural Law, May 2011 Five interesting developments involving farmers' forward contracts, the Illinois Grain Insurance Fund, livestock and the Agricultural Exemption to the Illinois Workers' Compensation Act.
Using e-mail to create a contract By Michael R. Lied Business and Securities Law, August 2008 There are a lot of ways to create a contract. Not surprisingly, courts are now beginning to find that an exchange of e-mails can be sufficient.
Can a contract be enforced against a third-party beneficiary? By Timothy J. Londrigan Tort Law, April 2007 The Fourth District Appellate Court addressed the issue of whether a contractual claim for subrogation could be enforced against a passenger in an automobile whose medical bills were paid out of the driver’s medical pay insurance policy, in American Family Group v. Cleveland, 356 Ill.App.3d 945, 827 N.E.2d 490 (4th Dist. 2005).
In a pig’s eye: Vigortone AG Products, Inc. v. PM AG Products, Inc.-An integration clause in a contract will not bar a fraud claim but a “no reliance” clause will By Fiona A. Burke Business and Securities Law, June 2004 Vigortone AG Products, Inc. v. PM AG Products, Inc. underscores the importance of including "no reliance" as well as integration clauses in agreements.
Contracts-Did one exist? By John H. Brechin Local Government Law, April 2004 Plaintiff D.S.A. purchases accounts receivable from other companies at a discount. In November 2000, a representative from D.P. Staffing approached D.S.A. noting that D.P. Staffing had provided services to Provident Hospital, and as a result Provident owed D.P. Staffing more than $300,000.
Understanding the impact of common contract provisions: The “merger” or “integration” clause vs. the “no reliance” clause-Careful drafting can help ward off a fraud claim By Joseph G. Bisceglia General Practice, Solo, and Small Firm, February 2004 Careful document drafting can help ward-off a fraud claim.
Negotiating international power contracts: The major issues By Nick Henchie Corporate Law Departments, December 2002 The European power market has been subject to enormous change over the last few years.
How “evergreen” are your contracts? By Lee Ann Conti Corporate Law Departments, November 2000   Do you sometimes use automatic renewal clauses in contracts so they will be renewable until cancelled (i.e., "evergreen"), without a lot of follow up or bother? If so, you should know about 815 ILCS 601/1 et seq. (2000), the Automatic Contract Renewal Act, recently added to Chapter 815, which deals with various types of business transactions.

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