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.

New “Lemon Law” Aims to Protect Pet Owners

Web Admin - Wednesday, January 15, 2014

By Colin H. Gilbert

(847) 934-6000 ext 12.

While bringing home a new pet can often be a fun time for a family, new pet owners may sometimes find their excitement dampened as they discover unfortunate diseases or other health conditions that the pet store never warned them about. Fortunately, a new law in Illinois is trying to prevent that and to give new pet owners a recourse if it does happen. Illinois' new “Puppy Lemon Law,” which applies to cats as well as dogs, went into effect at the beginning of 2014. The law comes with two major parts, notification provisions and liability provisions. The notification provisions lay out new disclosure rules for pet shop operators and the liability provisions cover what happens in the event that the operator sells a sick pet.

Notification Provisions

The first part of the new law is proactive. It places new requirements on a pet shop operator in the case of contagious, life-threatening illnesses such as parvovirus or distemper. In the event that such an illness breaks out among the pet shop operator's animals, the operator must inform the State Veterinarian within two days. The State Veterinarian will then decide if the outbreak is severe enough to merit a quarantine of the animals. If it is, then the operator has two more business days to alert anyone who purchased a cat or dog in the last two weeks.

Liability Provisions

The new law also provides pet owners with the opportunity to sue pet shop operators in certain cases of new pets taking ill. Pet owners may sue in two situations. First, an owner may sue the pet shop operator if a veterinarian declares a pet unfit for sale due to a disease or severe parasitic infestation within 21 days of purchase, or if the pet dies of such disease within that time period. Second, an owner may sue if a veterinarian states, within one year of purchase, that the pet suffers from a congenital or hereditary disease, which requires hospitalization or non-elective surgery, or has caused the death of the pet.

In the event that the pet owner can recover from the pet store, they can choose a variety remedies.

• They may exchange the pet for a full refund.
• They may exchange the pet for another of comparable value.
• They may keep the pet and receive payment for its veterinary bills.
• And, if the pet is deceased, they may receive a full refund plus veterinary costs up to twice the pet’s purchase price.

If your family recently purchased a new pet that is now suffering from serious health issues, contact a Barrington civil litigation attorney today. We serve many areas in the Northwest suburbs including Crystal Lake, Rolling Meadows, and Des Plaines.

Recent Posts


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