Whether you’re looking to sign a contract for goods and services, or need to litigate a breach of contract, understanding the nuances of contract law can make the process that much easier. In Chicago, contract disputes and lawsuits over breach of contract are presided over by the Circuit Court of Cook County. This article attempts to provide answers common questions with regards to understanding contract disputes and breach of contract in Chicago.

The complex world of contract law can be daunting, however, understanding the nuances and the procedural steps can help alleviate any headaches and uncertainties. This article addresses legality, enforcement, and dispute resolution for breach of contract, providing a clear roadmap and preventative steps for entering into a contract.

What Makes a Contract Legally Binding?

For a contract to be legally valid and binding, it must include an offer by someone, agreement by somebody else, and consideration from both parties. Consideration involves something of value being exchanged between the two parties. The offer party makes a proposal, and if the other party commits to the proposed agreement, an enforceable contract is formed.

Are All Contracts Enforceable?

Whether or not a contract is enforceable depends on whether the contract meets all the necessary elements required for a binding agreement. Three of the most important elements of a legally-enforceable contract include the signing of a written contract, an exchange of consideration, and a mutual agreement between both parties. Properly signed, written contracts are far more enforceable than verbal contracts.

What Constitutes a Breach of Contract?

When one party fails to meet their obligations as outlined in the contract, this is known as a breach of contract. A breach of contract can be either a "material" or a "minor" breach. Material breaches are more serious, and involve non-performance or noncompliance of key obligations in the agreement. A minor breach of contract usually involves a partial or insignificant non-performance of the terms of the contract.

Can I Sue for Breach of Contract?

If you believe the other party has breached the contract, the first step should be to contact the other party to discuss the issue and try to solve it amicably. If this dispute cannot be resolved informally, the next step is to seek legal counsel and consider filing a lawsuit for breach of contract.

What Are the Remedies for Breach of Contract?

There are several potential remedies for a breach of contract including specific enforcement, compensatory damages, consequential damages, liquidated damages, and restitution. The most appropriate remedy depends on the circumstances of each particular case.

Can I Recover Attorneys' Fees?

Depending on the specific facts of each case, the prevailing party may be entitled to recover attorneys' fees as an element of damages. Many contracts include an attorneys’ fees provision, which can be enforced by a court.

Finding an Attorney to Handle Your Breach of Contract

When it comes to contract disputes, one of the most important elements to consider is finding the right attorney that is familiar with local regulations. It is important to find an experienced legal counsel that can help navigate the complex world of contract law and breach of contract cases in Chicago. Having experienced and efficient business lawyers on your team is a great way to ensure a successful resolution to your dispute.


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