Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The Statute of Frauds (SOF) requires certain contracts to be in writing to be enforceable. (See earlier post here). 740 ILCS 80/1; 810 ILCS 5/2-201 (UCC analog). The SOF’s “one-year rule” posits that any contract that can’t possibly be performed within the span of one year from the date of making must be in writing. The purpose of the one-year …
Continue reading “The Statute of Frauds ‘One-Year Rule’ (IL Law Basics)”
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 …