Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Three agency law issues that I regularly encounter in commercial litigation practice are (1) authority, (2) ratification and (3) a contract that doesn’t identify a valid entity. The authority question posed is whether an individual – typically a company employee or independent contractor – can bind the company by the individual’s conduct. Ratification applies where a corporate principal accepts the benefits …
Continue reading “Illinois Court Gives Agency Law Tutorial In Commercial Lease Fight”
Z&S Corp. v. Fill & Fly, Inc., 2014 IL App (3d) 130253-U examines whether a commercial lessor, who serves a 30-day notice to terminate an oral month-to-month lease, waives the termination by accepting rents after the notice period expires. The case also addresses what factual elements a plaintiff must prove to prevail on a specific …
Form commercial lease language usually gives the landlord the option of terminating the lease OR terminating the tenant’s right to possession after a tenant default. Generally, if a landlord terminates the lease, this cuts off his damages at the date of termination. So, if landlord terminates the lease on January 1, 2013 and the lease …
Continue reading “Commercial Lease Acceleration: Termination of Possession vs. Termination of Lease”