public policy behind requirement in Illinois

15 Illinois opinions name it 2 courts 1985–2024 1 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 (6)

Case	Followed	Cited
Pascal P. Paddock, Inc. v. Glennongreen ill · 1964 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005Accordingly, a “contract made by an unlicensed individual calling for his personal services * is unenforceable.” Pascal P. Paddock, Inc. v. Glennon , 32 Ill. 2d 51, 54 (1964); Ransburg , 224 Ill. 2005Accordingly, a “contract made by an unlicensed individual calling for his personal services * is unenforceable.” Pascal P. Paddock, Inc. v. Glennon, 32 Ill. 2d 51, 54 (1964); Ransburg, 224 Ill.	2	2
Ransburg v. Haasegreen illappct · 1992 · cited in 2 Illinois opinions naming this issue, 2005–2005 2 sentences 2005Accordingly, a “contract made by an unlicensed individual calling for his personal services * is unenforceable.” Pascal P. Paddock, Inc. v. Glennon , 32 Ill. 2d 51, 54 (1964); Ransburg , 224 Ill. 2005Accordingly, a “contract made by an unlicensed individual calling for his personal services * is unenforceable.” Pascal P. Paddock, Inc. v. Glennon, 32 Ill. 2d 51, 54 (1964); Ransburg, 224 Ill.	2	2
Spiller v. Continental Tube Co.green ill · 1983 · cited in 2 Illinois opinions naming this issue, 2012–2012 2 sentences 2012Id. at 877, 138 Ill.Dec. 105 , 546 N.E.2d 1160 (citing Spiller v. Continental Tube Co., 95 Ill.2d 423, 432 , 69 Ill.Dec. 399 , 447 N.E.2d 834 (1983)). 2012Id. at 877, 138 Ill.Dec. 105 , 546 N.E.2d 1160 (citing Spiller v. Continental Tube Co., 95 Ill.2d 423, 432 , 69 Ill.Dec. 399 , 447 N.E.2d 834 (1983)).	1	2
Licciardi v. Collinsgreen illappct · 1989 · cited in 2 Illinois opinions naming this issue, 2003–2003 2 sentences 2003That is, we believe the public policy behind the rule so important that, as long as an attorney’s services are employed with respect to the division of marital property, the rule bars contingent fees therefor.” Licciardi, 180 Ill. 2003That is, we believe the public policy behind the rule so important that, as long as an attorney's services are employed with respect to the division of marital property, the rule bars contingent fees therefor." Licciardi , 180 Ill.	1	2
Kaplan v. Tabb Associates, Inc.green illappct · 1995 · cited in 2 Illinois opinions naming this issue, 2000–2000 2 sentences 2000See generally, Restatement (Second) of Contracts § 181 (1981) ("If a party is prohibited from doing an act because of his failure to comply with a licensing, registration or similar requirement, a promise in consideration of his doing that act or his promise to do it is unenforceable on grounds of public policy if (a) the requirement has a regulatory purpose, and (b) the interest in the enforcement of the promise is clearly outweighed by the public policy behind the requirement.") The case of Kaplan v. Tabb Associates, Inc. , 276 Ill. 2000The case of Kaplan v. Tabb Associates, Inc., 276 Ill.	1	2
Xco International Inc., Plaintiff-Appellant/cross-Appellee v. Pacific Scientific Company, Defendant-Appellee/cross-Appellantgreen ca7 · 2004 · cited in 1 Illinois opinions naming this issue, 2004–2004 1 sentence 2004Although the public policy behind this rule has never been explained clearly (see XCO International Inc. v. Pacific Scientific Co., 369 F.3d 998, 1001 (7th Cir. 2004) (questioning why courts should bother themselves with determining whether such clauses are reasonable estimates of damages or mere penalties)), under Illinois law, a liquidated damages provision will be enforced if it satisfies the test outlined in section 356 of the Restatement (Second) of Contracts: “ ‘Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in the light of	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

Case	Cited	Years
Aste v. Metropolitan Life Insurance green illappct · 2000 2 sentences 2011The court in Aste , quoting section 181 of the Restatement (Second) of Contracts, noted that "`[i]f a party is prohibited from doing an act because of his failure to comply with a licensing, registration or similar requirement, a promise in consideration of his doing that act or his promise to do it is unenforceable on grounds of public policy if (a) the requirement has a regulatory purpose, and (b) the interest in the enforcement of the promise is clearly outweighed by the public policy behind the requirement.'" Aste, 312 Ill.App.3d at 980 , 245 Ill.Dec. 547 , 728 N.E.2d 629 (quoting Restatem 2011The court in Aste , quoting section 181 of the Restatement (Second) of Contracts, noted that "`[i]f a party is prohibited from doing an act because of his failure to comply with a licensing, registration or similar requirement, a promise in consideration of his doing that act or his promise to do it is unenforceable on grounds of public policy if (a) the requirement has a regulatory purpose, and (b) the interest in the enforcement of the promise is clearly outweighed by the public policy behind the requirement.'" Aste, 312 Ill.App.3d at 980 , 245 Ill.Dec. 547 , 728 N.E.2d 629 (quoting Restatem	2	2011–2011
Hawkins v. Chicago Comm'n on Human Relations neutral illappct · 2020 1 sentence 2024The public policy behind this rule is to “prevent unfair surprise to [a] plaintiff at trial.” Hawkins v. Chicago Comm’n on Human Relations, 2020 IL App (1st) 191301, ¶27 .	1	2024–2024
Fried v. Polk Brothers, Inc. green illappct · 1989 2 sentences 2012Id. at 877, 138 Ill.Dec. 105 , 546 N.E.2d 1160 (citing Spiller v. Continental Tube Co., 95 Ill.2d 423, 432 , 69 Ill.Dec. 399 , 447 N.E.2d 834 (1983)). 2012Id. at 877, 138 Ill.Dec. 105 , 546 N.E.2d 1160 (citing Spiller v. Continental Tube Co., 95 Ill.2d 423, 432 , 69 Ill.Dec. 399 , 447 N.E.2d 834 (1983)).	1	2012–2012
Kinzer v. City of Chicago green ill · 1989 1 sentence 2012Id. (citing Spiller v. Continental Tube Co., 95 Ill. 2d 423, 432 (1983)).	1	2012–2012
Penske Truck Leasing Co. v. Chemetco, Inc. green illappct · 2000 1 sentence 2004A term fixing unreasonably large liquidated damages is unenforceable on grounds of public policy as a penalty.’ ” Penske Truck Leasing Co., L.P. v. Chemetco, Inc., 311 Ill.	1	2004–2004
In Re Marriage of Wright green ill · 1982 2 sentences 1992That is, we believe the public policy behind the rule so important that, as long as an attorney’s services are employed with respect to the division of marital property, the rule bars contingent fees therefor whether or not a judgment of dissolution has or has not been entered when the attorney is retained.” In re Marriage of Wright (1982), 89 Ill. 2d 498 , 434 N.E.2d 293 , contains the following dictum: “Fisher and our subsequently adopted rule precluding contingent-fee contracts in dissolution actions leave not the slightest doubt of their invalidity when so employed. 1992That is, we believe the public policy behind the rule so important that, as long as an attorney’s services are employed with respect to the division of marital property, the rule bars contingent fees therefor whether or not a judgment of dissolution has or has not been entered when the attorney is retained.” In re Marriage of Wright (1982), 89 Ill. 2d 498 , 434 N.E.2d 293 , contains the following dictum: “Fisher and our subsequently adopted rule precluding contingent-fee contracts in dissolution actions leave not the slightest doubt of their invalidity when so employed.	1	1992–1992
Stallman v. Youngquist green ill · 1988 1 sentence 1990(Stallman v. Youngquist (1988), 125 Ill. 2d 267 .) The public policy behind the doctrine is the avoidance of disrupting a harmonious family relationship, the avoidance of collusive claims, and the undermining of parental authority and discipline.	1	1990–1990
Chamness v. Fairtrace neutral illappct · 1987 1 sentence 1990Chamness v. Fairtrace (1987), 158 Ill.	1	1990–1990
Schenk v. Schenk green illappct · 1968 1 sentence 1985Schenk v. Schenk (1968), 100 Ill.	1	1985–1985
Larson v. Buschkamp green illappct · 1982 1 sentence 1985App. 3d 965, 968 , 435 N.E.2d 221, 224 .) The public policy behind the doctrine was to maintain family harmony, to avoid litigation and strife, and to insure a proper atmosphere of cooperation, discipline, and understanding in the family.	1	1985–1985

Statutes the citing opinions construe

IL § 710 ILCS 5/1 (4) USC § 9u.s.c.1 (4) IL § 815 ILCS 505/2 (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

IL 15 (1985–2024) PA 6 (1994–2024) CA 4 (1960–2004) TX 4 (1972–2021) MI 4 (1972–2016) NH 3 (2011–2024) MD 3 (1991–2025) WA 3 (1986–2015) KS 2 (1983–2003) WI 2 (1997–1997) AZ 2 (1966–1994) MO 2 (2009–2013) GA 2 (2013–2013)

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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