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Under Illinois law, a breach of contract occurs when someone does not uphold their end of a written or oral agreement. When someone fails to uphold their end of an agreement with you, that is considered a breach for which you can be compensated with damages or equitable relief from the court.
First, you need to prove that you have a valid contract. The contract can be a verbal or written agreement. A valid contract requires an offer, acceptance and consideration.
Second, you must prove there is some element of the contract that one party has not fulfilled. In other words, you must prove one party has breached or violated the terms of the agreement.
Third, you must prove damages. You must be able to establish some sort of injury that arises directly from the breach you’re alleging occurred. In some cases, you may have what’s called a “technical breach,” but if there is no injury, then a judge is unlikely to award damages.
If a court rules in your favor, then generally, damages may be awarded. Damages can be monetary or non-monetary, depending on the language of the contract, the nature of the breach and the type of damages you are seeking.
Attorney Craig Donnelly is an experienced lawyer based in Oak Brook, IL, who has helped countless clients just like you navigate the intricacies of business law. With his extensive background in negotiating contracts, he is prepared to assist you with your breach of contract dispute so that you can get the just settlement you’re entitled to.
Still have questions? Ready to get started? Contact Donnelly Law LLC today to schedule an initial consultation.
Hiring an attorney is always a wise decision and investment, primarily because of the experience they bring. An experienced attorney not only assists with the intricate procedural steps necessary to pursue a court case, but they can also frame the issues of your claim to best position you for a successful outcome.
Generally, under Illinois law, you can only recover attorney’s fees in a breach of contract case if the contract contains a clause allowing for their recovery in the event of a breach. Frequently, those provisions may have specific terms and requirements for that to be possible. If your contract does not include clauses for recovery of attorney’s fees in the event of a breach, then unfortunately, you may be unable to recover those expenses.
We will carefully review every contract with you and consult with you about your circumstances. Key considerations include:
Frequently, the breach and its value don’t necessarily justify the expense, aggravation and time expenditure of a lawsuit. All those practical considerations come into play when we’re discussing a potential claim with you. Just because you have a claim doesn’t necessarily mean it makes sense to bring the claim to court.
For more information on Understanding Breach Of Contract In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.
Attorney Craig Donnelly is an experienced lawyer based in Oak Brook, IL, who has helped countless clients just like you navigate the intricacies of business law. With his extensive background in negotiating contracts, he is prepared to assist you with your breach of contract dispute so that you can get the just settlement you’re entitled to.
Still have questions? Ready to get started? Contact Donnelly Law LLC today to schedule an initial consultation.