Illinois Contract Law

In order for a contract to be created, there must be an offer, acceptance, and consideration. Offer and acceptance pretty much speak for themselves. When it comes to an offer, it needs to be specific and understandable. Acceptance must also be apparent, and you can’t enforce an agreement with no explicit acceptance by the other side. Consideration is where the bulk of the contract is centered. Consideration is the “bargained-for exchange” between two or more parties.

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Text messages can serve as a legally binding contract if they fulfill all the standard criteria, such as offer, acceptance, and mutual assent. However, challenges like lack of clarity and the need for formalities can complicate their enforceability.

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That contract you signed with Oppressive Corp. seemed like a pretty great deal at the time, but no your circumstances have changed and you are looking for a way out; or maybe you didn’t read the fine print before signing on the dotted line.  Are you still bound by the contract?  Maybe not.

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The following contract defenses provide an arsenal of not-so-secret weapons that you can use to get out of an unfavorable contract.  This article will provide you with a basic understanding of these defenses, enhancing your understanding of the contracts you sign as well as your ability to identify the situations where an attorney consultation may be useful.

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Defenses to breach of contract:

• Material breach by the other party:  If the person that you contracted with has himself breached the contract, then you are no longer bound by it, so long as the breach is material.  A breach is material if it is the type of breach that defeats the purpose of the contract.  In other words, a minor deviation from the terms of the contract by the other side does not absolve you of your duty to perform.
• Anticipatory Repudiation:    If the other party represents or takes action to indicate that he does not intend to perform his obligations under the contract, you are absolved of your own obligation to perform.  This defense would arise if, for example, you contract to buy a television from a friend only to discover that, between the time of contracting and the exchange, your friend has put the television up for auction.