Breach of Contract

Breach of contract is a common type of business litigation in Illinois, occurring when one party fails to fulfill their obligations under a valid agreement. Understanding what constitutes a breach, the legal remedies available, and the steps involved in pursuing a claim is crucial for businesses and individuals seeking to protect their contractual rights. Working with an experienced attorney can help navigate the complexities of breach of contract cases.

Understanding Breach of Contract and Its Requirements

A breach of contract occurs when one party to a valid agreement fails to perform their obligations as outlined in the contract. For a breach of contract claim to be viable in Illinois, the following elements must be present:

1. A valid and enforceable contract exists between the parties.

2. The plaintiff (non-breaching party) performed their obligations under the contract or was excused from doing so.

3. The defendant (breaching party) failed to perform their obligations as required by the contract.

4. The plaintiff suffered damages as a result of the defendant's breach.

Breaches can be classified as material (substantial failure to perform), minor (less significant failure), or anticipatory (indication that a party will not perform before the due date).

To prove a breach of contract, the plaintiff must provide evidence supporting each of the required elements. This may include:

1. The written contract or evidence of an oral agreement.

2. Proof of the plaintiff's performance or justification for non-performance.

3. Documentation of the defendant's failure to perform.

4. Evidence of the damages incurred by the plaintiff as a result of the breach.

Legal remedies for breach of contract may include compensatory damages, consequential damages, specific performance, rescission, or reformation, depending on the nature and severity of the breach.

Legal Process for an Attorney Representing a Client in a Breach of Contract Case

An attorney representing a client in a breach of contract case in Illinois would typically follow these steps:

1. Initial case assessment:

• Review the contract and relevant evidence to determine the validity of the claim.

• Advise the client on the strengths and weaknesses of their case and the potential legal remedies.

2. Pre-litigation actions:

• Draft and send a demand letter to the breaching party, outlining the breach and the client's demands.

• Attempt to resolve the dispute through settlement negotiations or alternative dispute resolution methods.

3. Filing the lawsuit:

• If pre-litigation efforts are unsuccessful, draft and file a complaint with the appropriate Illinois court.

• Ensure proper service of the complaint and summons on the defendant.

4. Discovery and pre-trial motions:

• Engage in discovery, exchanging relevant information and evidence with the opposing party.

• File and respond to pre-trial motions, such as motions to dismiss or motions for summary judgment.

• Continue settlement negotiations as appropriate.

5. Trial preparation and representation:

• Identify and prepare witnesses and evidence for trial.

• Develop a trial strategy, including opening and closing statements, examination of witnesses, and presentation of evidence.

• Advocate for the client's interests at trial, presenting arguments and evidence to support their claims.

6. Post-trial and appeals:

• If the outcome is unfavorable, advise the client on the potential for an appeal and the associated risks and costs.

• If the client elects to appeal, draft and file the necessary appellate briefs and represent the client during oral arguments.

• If the outcome is favorable, assist the client in enforcing the judgment and collecting any awarded damages.

Throughout the process, the attorney's role is to provide legal guidance, advocate for the client's interests, and work towards achieving the best possible outcome, whether through settlement or trial. Breach of contract claims must be filed within the applicable statute of limitations. In Illinois, the statute of limitations for breach of contract cases is 10 years for written contracts, 5 years for oral contracts, and 4 years for contracts for the sale of goods under the UCC. However, sometimes another state's statute of limitations will apply. There are additional caveats and conditions that an experienced breach of contract attorney must advise on in this regard.