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Illinois Compiled Statutes

810 ILCS 5/2-612 (2026)

"Installment contract"; breach

✓ current as of May 2026
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(810 ILCS 5/2-612) (from Ch. 26, par. 2-612)
    Sec. 2-612. "Installment contract"; breach.
    (1) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent.
    (2) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.
    (3) Whenever non-conformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments.
(Source: Laws 1961, p. 2101.)

    
Notes of Decisions
Cited in 4 cases, 2006–2008 · leading case: Econ. Folding Box Corp. v. Anchor Frozen Foods Corp., 515 F.3d 718 (7th Cir. 2008).
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Econ. Folding Box Corp. v. Anchor Frozen Foods Corp., 515 F.3d 718 (7th Cir. 2008). · cites it 5× “The court also concluded that Anchor had proven its defense of breach of an implied warranty of fitness for a particular purpose under 810 ILCS 5/2-315 and entered judgment in Anchor’s favor.”
Smc Corp., Ltd. v. Lockjaw, LLC, 481 F. Supp. 2d 918 (N.D. Ill. 2007). “Additionally, in a contract like this one where the contract provides for multiple sales that are to be made separately, see 810 ILCS 5/2-612, the seller may not cancel the entire agreement unless the buyer’s breach is “of the whole contract.”
Midwest Generation, LLC v. Carbon Processing & Reclamation, LLC, 445 F. Supp. 2d 928 (N.D. Ill. 2006). “810 ILCS 5/2-612(2). The only issues of damage or impairment Carbon has argued throughout this entire case relate to the presence of excess water.”
Econ. Folding Box v. Anchor Frozen Foods (7th Cir. 2008). · cites it 5× “The court also con- cluded that Anchor had proven its defense of breach of an implied warranty of fitness for a particular purpose under 810 ILCS 5/2-315 and entered judgment in Anchor’s favor.”
— 810 ILCS 5/2-612(2) — 1 case
Midwest Generation, LLC v. Carbon Processing & Reclamation, LLC, 445 F. Supp. 2d 928 (N.D. Ill. 2006). “810 ILCS 5/2-612(2). The only issues of damage or impairment Carbon has argued throughout this entire case relate to the presence of excess water.”
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