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.

New “Lemon Law” Aims to Protect Pet Owners

Web Admin - Wednesday, January 15, 2014

By Colin H. Gilbert

http://www.dgaalaw.com/colin-gilbert.html
cgilbert@dgaalaw.com
(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


Tags

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

Archive