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

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

Archive