The Legal Consequences of Canceling an Event Due to the Coronavirus

Web Admin - Monday, March 16, 2020

Schaumburg breach of contract lawyer coronavirusAs a result of the growing threat from the coronavirus, numerous events have been canceled, postponed, or modified out of fear that this virus might continue to spread and put attendees’ health in jeopardy. Some sporting events have been canceled or postponed, such as international rugby games, FIFA World Cup qualifiers, and the NCAA March Madness tournament. In addition, many sporting activities have adapted with the times: some events will not allow crowds, and most professional leagues in the U.S. have restricted locker-room access.

In terms of cultural events, the South by Southwest festival has been canceled. Annual St. Patrick’s Day parades in both Ireland and Boston have been canceled. In addition, many conferences and other educational opportunities have been canceled. With so many events being canceled due to the coronavirus, understanding how you can legally safeguard your company against such cancelations and postponements is critically important, especially when it comes to corporate law.

Breach of Contract and Force Majeure Provisions

The easiest way to make sure you are covered in case the coronavirus causes the cancellation or postponement of your event is to review your contract and see if it contains any force majeure provisions. A force majeure clause in a contract enables both parties to legally breach the contract. However, for something to be considered “force majeure,” it must meet the following requirements:
  • - The events must be unavoidable and unforeseeable.
  • - The events must not be a consequence of either party’s actions.

Most force majeure arguments imply there was an “Act of God” involved. Some examples of force majeure include:

  • - Unpredicted natural disasters like earthquakes and tornadoes
  • - A war or other type of massive violent activity like riots
  • - Government laws taking effect that prevent the event from taking place

What to Do if You Have to Cancel an Event Due to the Coronavirus

If your contract has a force majeure clause, you should check to see if it explicitly enumerates epidemics like the coronavirus as a possible reason for not being able to complete what is expected from the contract. In those cases, any breach of contract charge brought against you will probably be dismissed.

If, however, you do not have epidemics specifically spelled out in the force majeure clause, then you may need to defend against a breach of contract claim. If your contract has no force majeure clause at all, the case would revert to the common law doctrine of “impossibility of performance,” which states that an unforeseen circumstance has rendered your execution of the contract objectively impossible. When addressing these issues, you should work with an attorney to determine the best strategy for demonstrating that you should not be held liable for a breach of contract.

Upon reviewing your contract, if you find that there is no force majeure clause, or if the clause contained therein does not address epidemics, you may want to add that to a newer draft of that contract and all future drafts. If you enumerate epidemics in your contract, you will not be held in breach of contract. It is also a good idea to include contingency plans in case an epidemic like the coronavirus does cause you to cancel an event, such as plans for rescheduling.

Contact a Palatine Corporate Lawyer

The coronavirus is having a significant effect on the economy. This means that more events will be canceled, and more companies could be considered in breach of their contracts for not hosting a promised event as agreed to in the contract. If your business is faced with this predicament, contact an Inverness breach of contract attorney with the experience necessary to renegotiate your contract or prove that it is impossible for you to fulfill the obligations of your contract. Give Drost, Gilbert, Andrew & Apicella, LLC, at 847-934-6000 a call for a free consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.





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


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