Access to Justice Matters!
People tend to forgo legal representation because they cannot afford traditional legal fees. Allowing your legal matters to grow into an unattainable snow ball may hurt your wallet more in the long run versus finding an attorney who can litigate your interests. Flat fees and unbundled services are here! Let's get you back on the right track and get the justice that you deserve.
For instance, many individuals need an attorney to litigate their interests when there has been a breach of contract. Entering into agreements is what many individuals do very often in this country. America was, in many ways, founded on good-faith deeds made by two or more people. Those good-faith deeds, or agreements, helped to build this country to what it is today. During the early days of America, agreements were sealed by single handshake and both parties trusted the other to perform as agreed.
So what happens when the other party doesn't perform as agreed? It's called a breach. The law was formed to provide remedies for parties who entered those good-faith agreements and subsequently were damaged by the other party's failure to perform.
In Illinois, there is a cause of action against another who breaches their agreement. Click here to see the statute. Simply walking into court and stating that someone breached the agreement is not proper and you will not prevail unless you can show and prove three things. To prevail on a breach of contract claim there must be: (1) an offer to do something, (2) an acceptance of that offer, and (3) consideration. Consideration is what you give for the offer.
So, what if you don't have the agreement in writing? Fret not. Although Illinois prefers that agreements be in writing, it is unavoidable that many individuals entering into agreements either forget to put the agreement in writing or don't think that they have to. The downside is that the other party could prey on you and refuse to act as promised.
When there is no writing, you should look to other documents that have been exchanged and the course of conduct. Multiple documents can make up a contract. See Jones v. Olsen, 80 Ill. App. 3d 1016 (2nd Dist. 1980). In Jones, the court stated that "a contract may consist of several documents. But where such a situation occurs it is necessary that the signed writing refer expressly to the unsigned writing or writing, or that the several writings be so connected, either physically or otherwise, that it may be determined by internal evidence that they refer to the same contract."
Furthermore, you can assert an alternative claim for
. If you plead this claim, it is important that you assert all elements and do not repeat and re-allege the claims of the breach of contract count. To properly plead Quantum Meruit, there must be (1) Plaintiff performed a service to benefit the defendant; (2) he did not perform the service gratuitously; (3) defendant accepted plaintiff’s service; and (4) no contract existed to prescribe payment for this service. Click here for more information on this topic.
Simply, you deserve justice if you have, on good faith, entered into an agreement, performed as such and the other party breached. Don't allow them to get away with your hard work and money. You need SLD so call today.