party abandons claim (Illinois) · Go Syfert
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party abandons claim in Illinois

29 Illinois opinions name it 1 courts 1981–2025 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Loberg v. Hallwood Realty Partners, L.P.green
illappct · 2001 · cited in 5 Illinois opinions naming this issue, 2003–2025
2 sentences

2025App. 3d 614, 622 (1993) (a release is “a contract whereby a party abandons a claim to the person against whom the claim exists”); Loberg v. Hallwood Realty Partners, L.P., 323 Ill.

2003The rules of construction applicable to releases are well established: “A release is a contract whereby a party abandons a claim to the person against whom the claim exists. [Citation.] Accordingly, the interpretation of a release is governed by contract law. [Citation.] Thus, the rights of the parties are limited to the terms expressed in the agreement and a release will not be construed to release claims not within the contemplation of the parties. [Citation.] The intention of the parties controls the scope and effect of the release, and this intent is discerned from the release’s express la

15
Touhy v. Twentieth Century-Fox Film Corp.green
illappct · 1979 · cited in 4 Illinois opinions naming this issue, 1981–1993
2 sentences

1993App. 3d 508 , 387 N.E.2d 862 .) A release is a contract whereby a party abandons a claim to the person against whom the claim exists.

1993Where no ambiguity is present in an agreement, the intention of the parties must be ascertained from the words of the agreement and the circumstances of its execution. ( Chubb v. Amax Coal Co., Inc. (1984), 125 Ill.App.3d 682, 686 , 80 Ill.Dec. 917 , 466 N.E.2d 369 ; see also Touhy v. Twentieth Century-Fox Film Corp. (1979), 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) A release is a contract whereby a party abandons a claim to the person against whom the claim exists. ( Touhy v. Twentieth Century-Fox Film Corp., 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) As a contract, t

14
Whitehead v. Fleet Towing Co.green
illappct · 1982 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011Mason contends that the Commission has no subject matter jurisdiction beyond the workers' compensation claims for workers' compensation benefits and cannot release or affect claims beyond claims for workers' compensation benefits. ¶ 13 "A release is a contract whereby a party abandons a claim to a person against whom that claim exists." Whitehead v. Fleet Towing Co., 110 Ill.

2011Mason contends that the Commission has no subject matter jurisdiction beyond the workers’ compensation claims for workers’ compensation benefits and cannot release or affect claims beyond claims for workers’ compensation benefits. ¶ 13 “A release is a contract whereby a party abandons a claim to a person against whom that claim exists.” Whitehead v. Fleet Towing Co., 110 Ill.

12
Unger v. Nunda Township Rural Fire Protection Districtgreen
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022“A release is a contract wherein a party abandons a claim to the person against whom the claim exists.” Unger v. Nunda Township Rural Protection District, 135 Ill.

11
Cwikla v. Sheirgreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015Gittlitz relies on the statement in that document that Evans and Palcek “agree not to seek legal remedies, either criminally or civilly, nor involve the IRS in any findings as it specifically relates to the misuse of company funds provided restitution is made.” ¶ 65 “A release is a contract whereby a party abandons a claim to the person against whom the claim exists.” Cwikla v. Sheir, 345 Ill.

11
Johnson v. Maki and Associates, Inc.green
illappct · 1997 · cited in 1 Illinois opinions naming this issue, 1998–1998
1 sentence

1998Johnson v. Maki & Associates, 289 Ill.

11
Central Production Credit Ass'n v. Hansgreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 1997–1997
1 sentence

1997Central Production Credit Ass’n v. Hans, 189 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
International Ins. Co. v. Sargent & Lundy green
illappct · 1993
2 sentences

2003"A release is a contract whereby a party abandons a claim to the person against whom the claim exists." International Insurance Co. v. Sargent & Lundy, 242 Ill.App.3d 614, 622 , 182 Ill.Dec. 308 , 609 N.E.2d 842 (1993); Loberg v. Hallwood Realty Partners, 323 Ill.App.3d 936, 941 , 257 Ill.Dec. 394 , 753 N.E.2d 1020 (2001).

2003"A release is a contract whereby a party abandons a claim to the person against whom the claim exists." International Insurance Co. v. Sargent & Lundy, 242 Ill.App.3d 614, 622 , 182 Ill.Dec. 308 , 609 N.E.2d 842 (1993); Loberg v. Hallwood Realty Partners, 323 Ill.App.3d 936, 941 , 257 Ill.Dec. 394 , 753 N.E.2d 1020 (2001).

42001–2003
Murphy v. S-M Delaware, Inc. green
illappct · 1981
2 sentences

1993Louis v. Whitlock (1991), 144 Ill.2d 440, 447 , 163 Ill.Dec. 510 , 581 N.E.2d 664 .) The rights of the parties are limited to the terms expressed in the agreement. ( Murphy v. S-M Delaware, Inc. (1981), 95 Ill.App.3d 562, 565 , 51 Ill.Dec. 42 , 420 N.E.2d 456 .) A release will not be construed to release claims not within the contemplation of the parties. ( Carona v. Illinois Central Gulf R.R.

1993Louis v. Whitlock (1991), 144 Ill.2d 440, 447 , 163 Ill.Dec. 510 , 581 N.E.2d 664 .) The rights of the parties are limited to the terms expressed in the agreement. ( Murphy v. S-M Delaware, Inc. (1981), 95 Ill.App.3d 562, 565 , 51 Ill.Dec. 42 , 420 N.E.2d 456 .) A release will not be construed to release claims not within the contemplation of the parties. ( Carona v. Illinois Central Gulf R.R.

41982–1993
Fuller Family Holdings, LLC v. Northern Trust Co. green
illappct · 2007
2 sentences

2008“A release is a contract whereby a party abandons a claim to the person against whom the claim exists.” Fuller Family Holdings, LLC v. Northern Trust Co., 371 Ill.

2008"A release is a contract whereby a party abandons a claim to the person against whom the claim exists." Fuller Family Holdings, LLC v. Northern Trust Co., 371 Ill.

22008–2008
People Ex Rel. Madison Chemical Corp. v. Gurrie green
illappct · 1964
2 sentences

2008Madison Chemical Corp., 52 Ill.

2008Madison Chemical Corp., 52 Ill.

22008–2008
Thornwood, Inc. v. Jenner & Block green
illappct · 2003
2 sentences

2007Thornwood, Inc. v. Jenner & Block, 344 Ill.

2007Thornwood, Inc. v. Jenner & Block, 344 Ill.

22007–2007
Chubb v. Amax Coal Co. green
illappct · 1984
2 sentences

1993Where no ambiguity is present in an agreement, the intention of the parties must be ascertained from the words of the agreement and the circumstances of its execution. ( Chubb v. Amax Coal Co., Inc. (1984), 125 Ill.App.3d 682, 686 , 80 Ill.Dec. 917 , 466 N.E.2d 369 ; see also Touhy v. Twentieth Century-Fox Film Corp. (1979), 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) A release is a contract whereby a party abandons a claim to the person against whom the claim exists. ( Touhy v. Twentieth Century-Fox Film Corp., 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) As a contract, t

1993Where no ambiguity is present in an agreement, the intention of the parties must be ascertained from the words of the agreement and the circumstances of its execution. ( Chubb v. Amax Coal Co., Inc. (1984), 125 Ill.App.3d 682, 686 , 80 Ill.Dec. 917 , 466 N.E.2d 369 ; see also Touhy v. Twentieth Century-Fox Film Corp. (1979), 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) A release is a contract whereby a party abandons a claim to the person against whom the claim exists. ( Touhy v. Twentieth Century-Fox Film Corp., 69 Ill.App.3d 508 , 26 Ill.Dec. 32 , 387 N.E.2d 862 .) As a contract, t

11993–1993
Farm Credit Bank of St. Louis v. Whitlock green
ill · 1991
2 sentences

1993Louis v. Whitlock (1991), 144 Ill.2d 440, 447 , 163 Ill.Dec. 510 , 581 N.E.2d 664 .) The rights of the parties are limited to the terms expressed in the agreement. ( Murphy v. S-M Delaware, Inc. (1981), 95 Ill.App.3d 562, 565 , 51 Ill.Dec. 42 , 420 N.E.2d 456 .) A release will not be construed to release claims not within the contemplation of the parties. ( Carona v. Illinois Central Gulf R.R.

1993Louis v. Whitlock (1991), 144 Ill.2d 440, 447 , 163 Ill.Dec. 510 , 581 N.E.2d 664 .) The rights of the parties are limited to the terms expressed in the agreement. ( Murphy v. S-M Delaware, Inc. (1981), 95 Ill.App.3d 562, 565 , 51 Ill.Dec. 42 , 420 N.E.2d 456 .) A release will not be construed to release claims not within the contemplation of the parties. ( Carona v. Illinois Central Gulf R.R.

11993–1993
Shultz v. Delta-Rail Corp. green
illappct · 1987
1 sentence

1989(Shultz v. Delta-Rail Corp. (1987), 156 Ill.

11989–1989
Aqua-Aerobic Systems, Inc. v. Ravitts green
illappct · 1988
1 sentence

1989(Aqua-Aerobic Systems, Inc. v. Ravitts (1988), 166 Ill.

11989–1989
Costa v. Stephens-Adamson, Inc. green
illappct · 1986
2 sentences

1987Since a release is a contract, wherein a party abandons a claim to a person against whom the claim exists (Costa v. Stephens-Adamson, Inc. (1986), 142 Ill.

1987App. 3d 798, 800 , 491 N.E.2d 490 ), its construction is governed by the rules of law that prevail in contract cases (Ainsworth Corp. v. Cenco Inc. (1982), 107 Ill.

11987–1987
Ainsworth Corp. v. Cenco, Inc. green
illappct · 1982
1 sentence

1987App. 3d 798, 800 , 491 N.E.2d 490 ), its construction is governed by the rules of law that prevail in contract cases (Ainsworth Corp. v. Cenco Inc. (1982), 107 Ill.

11987–1987

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (7) IL § 735 ILCS 5/2-615 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 50 (2008–2026) IL 29 (1981–2025) CT 13 (2000–2024) WA 4 (2014–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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