person against claim in Illinois

2003A release “is the abandonment of a claim to the person against whom the claim exists and is a contract to be construed under traditional contract law.” Hurd v. Wildman, Harrold, Allen & Dixon, 303 Ill.

2003A release "is the abandonment of a claim to the person against whom the claim exists and is a contract to be construed under traditional contract law." Hurd v. Wildman, Harrold, Allen & Dixon , 303 Ill.

2023A release “ ‘is the abandonment of a claim to the person against whom the claim exists.’ ” Thornwood, Inc. v. Jenner & Block, 344 Ill.

2017Accordingly, we consider both of the Association’s arguments concerning the validity of the release. ¶ 76 A release “ ‘is the abandonment of a claim to the person against whom the claim exists.’ ” Thornwood, Inc. v. Jenner & Block, 344 Ill.

2008(To the extent there was detrimental reliance, an issue of estoppel would arise, as shall be discussed below.) Waiver may be either express or implied; “implied waiver arises when conduct of the person against whom waiver is asserted is inconsistent with any intention other than to waive it.” Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 326 , 821 N.E.2d 269, 282 (2004); see Liberty Mutual Insurance Co. v. Westfield Insurance Co., 301 Ill.

2008(To the extent there was detrimental reliance, an issue of estoppel would arise, as shall be discussed below.) Waiver may be either express or implied; “implied waiver arises when conduct of the person against whom waiver is asserted is inconsistent with any intention other than to waive it.” Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 326 , 821 N.E.2d 269, 282 (2004); see Liberty Mutual Insurance Co. v. Westfield Insurance Co., 301 Ill.

2023We disagree. ¶ 31 “Implied waiver of a legal right must be proved by a clear, unequivocal, and decisive act of the party who is alleged to have committed waiver.” Id. “ ‘An implied waiver may arise where a person against whom the waiver is asserted has pursued such a course of conduct as to sufficiently evidence an intention to waive a right or where his conduct is inconsistent with any other intention than to waive it.’ ” Id. (quoting Kane v. American National Bank & Trust Co., 21 Ill.

2023“Implied waiver of a legal right must be proved by a clear, unequivocal, and decisive act of the party who is alleged to have committed waiver.” Ryder v. Bank of Hickory Hills, 146 Ill. 2d 98, 105 (1991). “ ‘An implied waiver may arise where a person against whom the waiver is asserted has pursued such a course of conduct as to sufficiently evidence an intention to waive a right or where his conduct is inconsistent with any other intention than to waive it.’ ” (Emphasis added.) Id. (quoting Kane v. American National Bank & Trust Co., 21 Ill.

2025See Home Insurance Co., 213 Ill. 2d at 326 (indicating that an implied waiver occurs when the conduct of the person against whom waiver is asserted is inconsistent with any intention other than to waive the particular right at issue); Lehman, 265 Ill.

2010“An implied waiver arises when conduct of the person against whom waiver is asserted is inconsistent with any intention other than to waive it.” Home, 213 Ill. 2d at 326 .

2023We disagree. ¶ 31 “Implied waiver of a legal right must be proved by a clear, unequivocal, and decisive act of the party who is alleged to have committed waiver.” Id. “ ‘An implied waiver may arise where a person against whom the waiver is asserted has pursued such a course of conduct as to sufficiently evidence an intention to waive a right or where his conduct is inconsistent with any other intention than to waive it.’ ” Id. (quoting Kane v. American National Bank & Trust Co., 21 Ill.

2023We disagree. ¶ 31 “Implied waiver of a legal right must be proved by a clear, unequivocal, and decisive act of the party who is alleged to have committed waiver.” Id. “ ‘An implied waiver may arise where a person against whom the waiver is asserted has pursued such a course of conduct as to sufficiently evidence an intention to waive a right or where his conduct is inconsistent with any other intention than to waive it.’ ” Id. (quoting Kane v. American National Bank & Trust Co., 21 Ill.

2010Farmers Automobile Insurance Ass’n v. Kraemer, 367 Ill.

2010Farmers Automobile Insurance Ass'n v. Kraemer, 367 Ill.App.3d 1071, 1073 , 306 Ill.Dec. 292 , 857 N.E.2d 691 (2006).

1978(Shaw v. Close, 92 Ill.

1976(Shaw v. Close, 92 Ill.

2025He also fails to acknowledge that Tradex is making an argument about the meaning of the statute. ¶ 29 “A release, in essence, is the abandoning of a claim to the person against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred.” Ogren v. Graves, 39 Ill.

1978App. 3d 620, 622 , 350 N.E.2d 249, 251 , Mr. Justice Moran succinctly summarized the Illinois view on the enforcement of releases: “A release, in essence, is the abandoning of a claim to the person against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred.

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

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).

2009Co., 203 Ill.

2009Co., 203 Ill.

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

2025“Once the defendant establishes the existence of a release, legal and binding on its face, the burden shifts to the plaintiff to prove it invalid by clear and convincing evidence.” Simmons v. Blauw, 263 Ill.

1999Simmons v. Blauw, 263 Ill.

1994App.3d 764, 771 , 169 Ill.Dec. 800, 805 , 592 N.E.2d 287, 292 .) The key to implied waiver in this case is establishing a clear inference, under the circumstances, of an intention to waive. ( Lavelle, 227 Ill.App.3d at 771 , 169 Ill.Dec. at 804 , 592 N.E.2d at 291 ; Whalen, 166 Ill.App.3d at 343 , 116 Ill.Dec. at 779 , 519 N.E.2d at 994 .) Implied waiver may be established when "the conduct of the person against whom waiver is asserted is inconsistent with any other intention than to waive []." Whalen, 166 Ill.App.3d at 343 , 116 Ill.

1994App.3d 764, 771 , 169 Ill.Dec. 800, 805 , 592 N.E.2d 287, 292 .) The key to implied waiver in this case is establishing a clear inference, under the circumstances, of an intention to waive. ( Lavelle, 227 Ill.App.3d at 771 , 169 Ill.Dec. at 804 , 592 N.E.2d at 291 ; Whalen, 166 Ill.App.3d at 343 , 116 Ill.Dec. at 779 , 519 N.E.2d at 994 .) Implied waiver may be established when "the conduct of the person against whom waiver is asserted is inconsistent with any other intention than to waive []." Whalen, 166 Ill.App.3d at 343 , 116 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.

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.

2025Home Insurance Co, 213 Ill. 2d at 326 ; Lehman, 265 Ill.

2025See Home Insurance Co., 213 Ill. 2d at 326 (indicating that an implied waiver occurs when the conduct of the person against whom waiver is asserted is inconsistent with any intention other than to waive the particular right at issue); Lehman, 265 Ill.

2023Because a release is a contract, “its interpretation is governed by the principles that govern contract law cases.” Aqua-Aerobic Systems, Inc. v. Ravitts, 166 Ill.