Breach of Contract in Illinois—Explore Your Options With DoNotPay
A breach of contract is an offense that can cause significant damage to the non-breaching party, so it is paramount to act on time and in accordance with local laws. Sign up for DoNotPay to understand what constitutes a breach of contract in Illinois and what course of action you should take.
We can also help you draft a breach-contract demand letter and sue the client in small claims court if necessary.
It is better to have a contract in a written form, but oral agreements are also enforceable in Illinois. Both need to contain:
- An offer
- Mutual assent
It will also be much easier to prove the breach-of-contract elements if you have a written agreement.
To take action against the violating party, you will need to prove specific breach-of-contract elements. Check out the table below for further details on the rules in the Prairie State:
|A valid and enforceable contract||You must prove the contract exists and is valid by showing that both parties agreed to the terms|
|Performance by the plaintiff||The plaintiff should provide evidence that they’ve completed all obligations stated in the contract|
|Breach by the defendant||You need to show that the defendant failed to complete their end of the deal. It usually requires a material breach of contract|
|Damage arising as a result of the defendant’s breach||It is paramount that you demonstrate that the defendant’s actions, or lack of them, have led to you suffering losses|
When a breach of contract occurs, the court will usually order the violating party to compensate the plaintiff for the harm done. The damages depend on the:
- Type of the breach
- Terms of the contract
- Severity of the breach
Depending on what the court deems suitable for your specific case, you can end up getting the following remedies in Illinois:
- Monetary damages—Monetary damages are the most common compensation in the case of contractual breaches. They generally equal the amount you would have received if the contract had been honored. Monetary damages can either be compensatory damages or punitive damages
- Liquidated damages—Contracts usually contain clauses specifying the amount of money to be paid in the event of a breach. Those are known as liquidated damages
- Restitution—This remedy is designed to restore the non-breaching party to its pre-contract position. Restitution is used when the court voids the contract
- Rescission—This remedy terminates the contractual duties of both parties. You can choose to have the contract voided or set aside by the court
- Specific performance—The court can force the breaching party to perform as promised in the contract and complete the terms. This option is usually used when:
- Money damages are inadequate
- The goods or services are unique
- No other remedy will suffice
To demand compensation for breach of contract in Illinois, you can opt for one of the following choices:
- Hiring a collection agency—You will need to pay a significant amount of money for the services
- Hiring a lawyer—This option also involves paying sky-high lawyer fees
- Writing a demand letter yourself—This option is suitable only for individuals with proper legal knowledge. You should not try using online free templates because they tend to be generic and outdated
- Using DoNotPay—If you decide to use DoNotPay for the task, you will save money and get great results
If you want to have a rock-solid demand letter, you should look no further than DoNotPay. Our app can help you handle the task fast and without trouble. You only need to:
- Sign up for DoNotPay
- Choose the Client Breach of Contract product
- Provide requisite info about the agreement and the client
- Include a payment deadline for the client
- Attach photos as evidence (if you have any)
DoNotPay also presents all the necessary information about the affirmative defenses to breach of contract, so you will be better prepared for a lawsuit.
If the demand letter does not resolve the issue, you can file a lawsuit against the violating party. DoNotPay can help you take the defendant to small claims court and seek justice properly. Our app was recognized by the Louis M. Brown Award for Legal Access in 2020, and we will make sure to follow the legal requirements for the process.
We can help you collect the necessary paperwork, complete all the forms, and provide you with a script with strong arguments to use in court. You also won’t have to worry about filing the complaint—we can handle this part as well.
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Resolve various business issues without wasting time or money—DoNotPay has got your back!