DGAA bLAWg

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.
 

Sources:

https://www.nytimes.com/article/cancelled-events-coronavirus.html

https://www.law.cornell.edu/wex/force_majeure

https://www.natlawreview.com/article/coronavirus-factors-insurance-industry-to-consider-part-2-event-cancellation-and

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

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

Archive