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Corbin on Illinois Contracts is a unique and comprehensive explanation of the law of contracts in Illinois, supported by ample citations to, and discussions about, pertinent judicial authorities applying Illinois law, as well as pertinent statutory law. Importantly, this treatise underscores how Illinois law parts company with other trends. The book is written so that the user can easily reference the multi-volume Corbin on Contracts treatise that is the authoritative legal treatise relied on by courts in resolving contract disputes.
Although Illinois courts adhere to the modern trend in many respects, in significant ways, it has followed its own path:
Illinois is the extreme minority in refusing to recognize contractual "palimony" rights of cohabiting couples regarding property and support.
Illinois law bucks the modern trend by requiring courts to decide integration (as opposed to interpretation) of contracts based on the four corners of the document so long as the words are clear (thus conflating interpretation of contracts and integration).
Illinois is one of the only states that has not adopted the approved version of Uniform Electronic Transactions Act—it has enacted the Electronic Commerce Security Act.
Illinois' virtually dogmatic stance that precludes lost profit damages in most cases where a new business is the aggrieved party is out of step with modern contract law.
In a sale of goods scenario, Illinois parts company with the literal words of the UCC by affording the seller the right to cure before there can be an effective revocation of acceptance.
"Time is of the essence" clauses are not conclusive in Illinois.
Many Illinois courts will not enforce a liquidated damages provision if the contract has a liquidated damages provision but permits a party to seek actual damages as an alternative.
Illinois parts company with the modern trend by not allowing trade usage in the case of clear contract language.
Illinois follows the approach requiring "sufficient consideration" for enforcing non-compete agreements and then requiring reasonableness in any restriction sought to be enforced.
Illinois follows the minority position that contracts for lifetime employment are within the statute of frauds.
Illinois caselaw is confusing as to whether the test for anticipatory repudiation includes the modern "second look" approach that other states allow.
Recitals are considered explanations of the circumstances surrounding the execution of a contract and are not considered part of a contract unless referenced in the operative body of the contract.
