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

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

Archive