DGAA bLAWg

Illinois Contract Law and the Statute of Limitations

Web Admin - Thursday, March 27, 2014

illinois breach of contract attorneyLawsuits are based around some sort of legal claim, an event or controversy where someone was harmed. For contracts this harm is usually comes in the form of a breach, where one party fails to fulfill its obligations. However, people are not allowed to simply lie in wait indefinitely after a breach of contract and file a suit decades later. Instead, the law imposes a rule called a statute of limitations. This rule acts as a time limit on filing a case, though the time limit varies based on the particular circumstances of the case.

After learning about statutes of limitations, many people wonder why they exist.

Intuitively, it seems unfair that an injured party should have a countdown placed on their ability to seek compensation. In reality there are two reasons for it, fairness to the defendant and the accuracy of the trial. From the standpoint of fairness, the law believes that even if someone has done something wrong, they still have the right to deal with it in open court and then put it behind them, rather than having the threat of a lawsuit hanging over them for the rest of their life.

As for the accuracy of the trial, evidence often degrades over time. Crucial objects can be lost, and witnesses’ recollections of events can grow hazy. Consequently, courts want plaintiffs bringing cases swiftly in order to have the best information available.

How Long is the Statute of Limitations for Breach of Contract?

For the purposes of contract law the statute of limitations can be as long 10 years or as short as one depending on what type of contract it is. The longest time limit, 10 years, belongs to breaches of standard written contracts. However, if the contract breached was an oral one rather than a written one, then Illinois law brings the statute of limitations down from 10 years to five. Certain sales contracts can have even shorter limits, four years by default, but the terms of the contract can opt to limit it to as little as one year.

In addition to the question of how long the statute of limitations is, the other major concern is the question of when the clock starts to count down. The general rule is that the time limit starts running from the moment of the breach, not the moment that the breach causes the injury. However, there is an exception to this normal starting point if something called the Discovery Rule applies.

The Discovery Rule "tolls" the statute of limitations, meaning that it prevents the time from counting down, until the injured party either discovers the breach or should have reasonably discovered the breach. Importantly, the Discovery Rule does not function for all breach of contract claims in Illinois, so whether it applies will depend on the specific facts of a case. There are also other rules that can toll the statute under certain circumstances such as if the injured party is a minor or away on military service.

If you believe you have a claim against someone for breaching a contract, contact a Palatine civil litigation attorney before the statute of limitations on your claim expires. Our experienced lawyers help clients across northwest suburban Cook County, in towns like Barrington, Des Plaines, and Crystal Lake.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Policy Cancellation insurance claim dispute attorney Illinois Probate Act of 1975 traffic laws tax attorney personal injury accidents Buffalo Grove medical malpractice lawyers business litigation Arlington Heights wills and trusts attorney Schaumburg fault based insurance Palatine employment law lawyer criminal defense Schaumburg corporate attorney insurance dispute uninsured motorist accidental death benefits Rolling Meadows insurance attorney Illinois pet lawyer bicycle accidents Schaumburg construction accident lawyer probate process Des Plaines collections attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois Workers’ Compensation Commission motorcycle accident Long Grove real estate lawyer Rolling Meadows DUI lawyer controlled substance Mt Prospect Attorney insurance adjusters mass shooting IRELA Rolling Meadows insurance lawyer Palatine injury attorney Inverness estate planning lawyer Illinois real estate Illinois personal injury lawyer Inverness DUI lawyer Crystal Lake car accident attorney swimming pools Crystal Lake personal injury lawyer Schaumburg traffic lawyer Palatine corporate attorney unfunded trust Arlington Heights injury attorney pet law pedestrian-automobile accident Illinois personal injury lawyers field sobriety test South Barrington real estate attorney healthcare claims wage theft IRA benefits Illinois traffic attorney Deer Park criminal attorney Illinois injury lawyer Inverness traffic law firm liens hit and run accident fiduciary rule food poisoning Barrington injury attorney preventing accidents Palatine civil litigation lawyer filing a medical malpractice claim Chicago insurance law firm Illinois traffic ticket lawyer Crystal Lake employment lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Arlington Heights car accident lawyer vacation home Des Plaines motorcycle accident attorney Crystal Lake criminal defense attorney Rolling Meadows accident lawyer insurance agents products liability bike accident Des Plaines medical malpractice attorney Schaumburg personal injury attorney Illinois insurance lawyer premises liability Deer Park motorcycle accident lawyer Illinois elder law attorney Schaumburg wrongful death attorney construction contracts cell phone distracted driving accidents deadly crashes CAM Schaumburg car accident attorney auto accidents dealing with problem employees small business llinois Real Estate Lawyers Association income distribution deducation real estate attorney Palatine employment lawyer Rolling Meadows Attorney medical marijuana Arlington Heights accident attorney cell phone tower data Barrington medical malpractice lawyers digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers drug possession Colin Gilbert Illinois LLC creation spinal cord injuries Chicago estate planning Illinois real estate lawyer DUI living trust benefits preventable medical errors Illinois red light cameras most common reasons for life insurance claim denials Illinois mortgages DUI penalities Mount Prospect real estate lawyer Kenilworth estate planning attorney trauma after an accident boating accidents Rolling Meadows criminal attorney work unions Palatine real estate lawyer Crystal Lake pet attorney Palatine corporate law attorneys FMLA revenge porn Barrington attorney Jay Andrew deed transfer Rolling Meadows life insurance claim denial attorney meal breaks Schaumburg estate planning lawyer Illinois corporate lawyer Barrington employment law attorney Rolling Meadows employment law attorneys unpaid overtime Illinois Sales Representative Act Palatine business attorney Buffalo Grove life insurance attorney real estate contract Rolling Meadows corporate lawyer whistleblower protections Deer Park workers compensation lawyer Illinois employment law attorney insurance claims mortgage Rolling Meadows personal injury attorney creditors commercial real estate Affordable Care Act Buffalo Grove employment lawyer Illinois Transfer on Death Instrument Illinois Des Plaines tax law firm insurance denial appeals Palatine personal injury lawyer digital evidence Super Mario PTSD pet bites probate employment attorney institutional trustee sexual images contracts Illinois jet ski accident lawyer Transfer on Death Instrument golf accidents Des Plaines pet law attorney new real estate form life insurance Schaumburg injury lawyer Riverwoods estate planning lawyer natural gas medical malpractice claims overtime pay digital information Barrington criminal lawyer Palatine life insurance lawyer criminal law Rolling Meadows personal injury lawyer Crystal Lake medical malpractice lawyer icy parking lots Schaumburg estate planning attorney estate tax head on collisions Palatine workers compensation lawyer cell phone accidents denied insurance claim unauthorized overtime drug crimes Forcible Entry Long Grove estate planning attorney loss of consortium Illinois rollover accident lawyers Mount Prospect wills and trusts lawyers Schaumburg personal injury lawyer traumatic brain injuries nursing home negligence denial of life insurance Palatine estate planning lawyer Illinois workers compensation lawyer changes to mortgage law Illinois employment law firm Crystal Lake estate planning lawyer DUI attorney insurance negligence taxes Arlington Heights employment law attorneys Deer Park personal injury lawyer Des Plaines claims law firm Des Plaines real estate attorney liability claims POA Inverness real estate lawyer landlord tenant law Illinois probate lawyer Crystal Lake traffic attorney Employment Discrimination Law digital media accounts, estate planning, Arlington Heights estate planning attorney, Schaumburg medical malpractice lawyer motorcycle accident lawyer Barrington workers compensation attorney Crystal Lake business law attorneys power of attorney Mount Prospect elder law attorney Deer Park accident attorney Illinois insurance claim dispute lawyers Illinois workplace discrimination attorney real estate Des Plaines personal injury lawyers DNR employee discrimination Illinois traffic accident lawyer back injuries Illinois collections attorney personal injury lawyer Rolling Meadows litigation lawyer Illinois trusts attorney federal regulations for LLCs Illinois speeding lawyer pay when paid contract Schaumburg drug defense lawyer Illinois traffic attorneys drunk driving statistics rest breaks severance agreements Illinois Trust Code car accidents Illinois personal injury attorney Illinois workplace lawyer spinal cord injury Barrington personal injury attorney medication errors condo association murder wills and trusts independent contractor Barrington real estate lawyer construction accidents underage DUI homestead rights natural gas explosion Schaumburg civil litigation attorney Illinois boating accident lawyer Des Plaines personal injury attorney jet ski Chicago lawyer pizza emoji truck collisions forming a corporation in Illinois healthcare insurance dispute attorney license vacation home fines medical malpractice Illinois insurance disputes Fair Labor Standards Act Arlington Heights medical malpractice lawyer pain and suffering Crystal Lake law firm trustee Des Plaines DUI attorney Palatine insurance lawyer Chicago employment lawyer Illinois medical malpractice case consent to a search beneficiary complications Crystal Lake injury attorney Arlington Heights personal injury lawyer Rolling Meadows insurance dispute lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Fourth of July personal injury claims Family Medical Leave Act Schaumburg insurance lawyers Crystal lake insurance dispute attorney DUI defense Illinois car accident attorney advance healthcare directive Barrington employment law firm personal injury law firm traffic violations commercial leases Inverness civil lawyer boating DUI jet ski accidents trucking accidents criminal record Illinois DUI attorney Palatine civil attorney how to avoid common denials of life insurance claims Illinois living will gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Joliet general practice lawyers material misrepresentation Schaumburg estate attorney personal injury claim Long Grove real estate attorney Inverness accident lawyer marijuana crimes attorney Legal Info traffic violations defense Illinois estate planning startup company irrevocable trust Arlington Heights criminal lawyer insurance claim delay fiduciary rule delay estate planning fatal car accidents Rolling Meadows boating crash lawyer coronavirus DMV Rolling Meadows traffic attorney commercial leasing gift taxes Illinois Smoke Detector Act expungement underfunded trust Palatine criminal defense lawyer sole proprietorship Crystal Lake personal injury attorney reckless homicide construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Schaumburg life insurance attorney Chicago attorney Barrington employment attorney Illinois Human Rights Act Barrington personal injury lawyer Buffalo Grove personal injury lawyer Palatine trusts lawyer landlord Palatine employment attorney slip and fall accidents Illinois construction accident attorney murder charges Inverness real estate attorney Illinois civil litigation lawyer Barrington boating accident attorney hiring employees Rolling Meadows Rolling Meadows probate lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Long Grove estate planning employee rights probate fees estate planning for college students BAC probate claims process Illinois registered agent Deer Park employment law attorney real estate lawyer Schaumburg criminal law attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, elder abuse Illinois employment law car crashes Illinois will lawyer Crystal Lake pedestrian accident lawyer Crystal Lake insurance lawyer senior citizens Illinois estate planning attorney Palatine Attorney Palatine construction attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Deer Park traffic lawyer Deer Park traffic accident attorney Rolling Meadows employment attorney Deer Park real estate law firm car collision Illinois bicycle safety pedestrian accident Illinois motorcycle accident lawyer texting and driving Barrington estate planning lawyer Crystal Lake employment law attorney traffic offenses caretaker rights drugs Palatine traffic accidents real estate closing life insurance claims IRS Illinois estate planning law firm hands free device sexual harassment Buffalo Grove injury lawyer foreclosure Chicago car accident lawyer Des Plaines drug crimes lawyer wills Illinois employment law attorneys Palatine elder law attorney Kenilworth estate planning attorneys Palatine drug lawyer BUI Illinois Wage Payment and Collection Act Des Plaines Buffalo Grove law firm Illinois small business overtime violations Arlington Heights insurance attorney traumatic brain injury Buffalo Grove car accident lawyer pregnant women Des Plaines Traffic Lawyer Illinois home inspection living wills college kids cause-of-death exclusions employee misclassification Buffalo Grove traffic attorney Chicago corporate attorney Illinois law Arlington Heights tax lawyer Rolling Meadows real estate attorney Inverness elder law lawyer Crystal Lake tax lawyer Landlord Tenant Ordinance Illinois wills and trusts attorneys Barrington estate planning attorney special needs trust Illinois medical malpractice attorney installment contracts Palatine traffic lawyer low-ball insurance settlement Illinois pedestrian accident attorney Crystal Lake medical malpractice law firm Illinois business lawyer Crystal Lake employment attorney Federal Food Drug and Cosmetic Act Rolling Meadows employment law attorney marijuana Illinois insurance attorney Chicago trucking accident attorney Illinois criminal defense attorney Long Grove wills and trusts attorneys defective products lawyer life insurance policy suspended license Buffalo Grove corporate attorney trusts Arlington Heights trucking lawyer dog bites automated cars speeding subcontractor first degree murder Rolling Meadows estate planning attorney trucking accident lawyers traffic accidents Schaumburg employment attorney Home Remodeling Repair Act TBI Arlington Heights estate planning attorney Inverness injury lawyer license revocation elder law Barrington life insurance lawyer Illinois traffic laws Illinois employment attorneys Crystal Lake civil litigation lawyer dynasty trusts in terrorem provision Des Plaines injury law firm insurance attorney Long Grove estate planning attorneys Palatine probate lawyer Palatine law firm Chicago employment attorney Illinois insurance dispute lawyers workers compensation benefits living trust Buffalo Grove probate lawyer ken apicella paid sick leave Illinois trucking safety Illinois defective products attorney Illinois insurance claim dispute lawyer defective products distracted driving accident victims insurance claim denial estate plan foreclosed rental property surgical mistakes trust payments rent to own real estate contracts Retaliatory Discharge unpaid assessment Arlington Heights employment attorney Schaumburg probate attorney insurance claim dispute Illinois insurance claims lawyers Des Plaines drug lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, denial of insurance claim condo Buffalo Grove real estate attorney Buffalo Grove traffic lawyers Self-Directed IRA Accounts privacy laws Des Plaines insurance attorney dram shop law living trust vs will Barrington criminal defense lawyer Arlington Heights wills and trusts attorneys involuntary manslaughter power of attorney for healthcare Illinois personal injury no contest clauses Arlington Heights Traffic Lawyer Rolling Meadows traffic law firm Illinois wills and trusts Barrington litigation attorney Schaumburg personal injury lawyers car accident lawyer estate planning lawyer Food and Drug Administration's Food Safety Modernization Act real estate zoning Buffalo Grove personal injury attorney boating under the influence Rolling Meadows criminal lawyer Chicago traffic lawyer Inverness personal injury attorney South Barrington real estate lawyer Des Plaines criminal attorney rollover accidents Deer Park DUI lawyer owner responsibility employment law Rolling Meadows personal injury lawyers Illinois driving without license underinsured motorist Illinois wrongful termination lawyer drug crimes lawyer Exclusions car crash ACA crossover accidents federal crimes Crystal Lake traffic lawyer medical research car accident Chicago will attorney Inverness probate lawyer license suspension Illinois employment lawyer Arlington Heights pedestrian accidents car accident lawyers Illinois employee rights attorney. right to work Barrington Illinois estate planning lawyer real estate attorneys drug crime health insurance dispute Rolling Meadows medical malpractice lawyers Class A misdemeanor workers comp bad faith insurance claims traffic tickets Rolling Meadows drug defense attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Arlington Heights car crash attorneys Chicago estate planning lawyer FSLA drunk driving personal injury liability license reinstatement eluding a police officer real estate leasing Crystal Lake medical malpractice attorneys ObamaCare Crystal Lake will lawyer insufficient documentation blended families agent Arlington Heights wills and trusts lawyer corporate law Colin H. Gilbert comp time Crystal Lake car accident lawyer problem employees caregiver minimum wage estate attorney Rolling Meadows business lawyer Illinois medical malpractice lawyers School Visitation Rights Act car crash injuries social media after death IRA trust transfer Barrington Traffic Lawyer employment lawyer capital gains tax privacy Schaumburg criminal attorney traffic deaths Inverness insurance attorney residential real estate workplace sexual harassment probate lawyer employment contract slip and fall Barrington civil litigation attorney top life insurance claim denials Arlington Heights personal injury attorney internet murder defense criminal Buffalo Grove insurance claim dispute lawyers brain injury wrongful termination workers compensation Crystal Lake bike accident lawyer compensatory time lapse in policy Illinois business law atorneys financial advisors Arlington Heights TBI attorney LLCs Illinois medical malpractice claim employment law, Illinois employment laws Rolling Meadows marijuana attorney guardianship attorney Barrington drug crime attorney Illinois job attorney Home Sale Contingencies estate planning trusts loopholes Illinois employment laws Rolling Meadows tax attorney Inverness corporate attorney Liquor Control Act Chicago biking tips breathalyzer test comparative negligence Arlington Heights lawyer civil litigation attorney Whistleblower Claims Thanksgiving Illinois insurance claim attorney Rolling Meadows Traffic Lawyer Deer Park medical malpractice attorney Barrington business law firm clemency Kenilworth estate planning lawyer denied insurance claims rumble strips investment property personal injury attorney breach of contract Schaumburg elder law lawyer job lawyers Detainer Actions civil litigation bicycle dooring accidents life insurance claim denial, denial of life insurance claim BAIID product liability Arlington Heights real estate lawyer Arlington Heights traffic attorney insurance claim pedestrian accidents employees Chicago life insurance attorney disability benefits Schaumburg Attorney Crystal Lake accident attorney rollover car crashes Illinois lawyer life insurance lawyer Arlington Heights Attorney insurance disputes modern family estate planning pedestrian injuries, pedestrian fatality appealing an insurance claim Do Not Resuscitate civil rights violation home inspection lawyer attorney fees child safety Des Plaines accident attorney medical malpractice compensation insurance denials digital assets anesthesia errors Illinois attorney estate planning attorney DGAA Attorney Ken Apicella wrongful death Chicago insurance claim attorneys Des Plaines personal injury lawyer texting while driving Illinois workers compensation attorney traffic crimes holiday statistics Palatine punch death insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys trench injuries Des Plaines civil attorney operating agreements GM ignition switches manufacturing insurance agent negligence employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Schaumburg employment law attorneys Buffalo Grove criminal defense lawyer Des Plaines real estate lawyer insurance claim denials Arlington Heights wills and trusts lawyers Rolling Meadows car accident lawyers driving probate claims Schaumburg real estate lawyer Illinois tax attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, blood alcohol content

Archive