Chapter 810, COMMERCIAL CODE

(810 ILCS 5/2-608) (from Ch. 26, par. 2-608) Sec. 2-608. Revocation of acceptance in whole or in part. (1) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assum…

(810 ILCS 5/2-609) (from Ch. 26, par. 2-609) Sec. 2-609. Right to adequate assurance of performance. (1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity …

(810 ILCS 5/2-610) (from Ch. 26, par. 2-610) Sec. 2-610. Anticipatory repudiation. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (a) f…

(810 ILCS 5/2-611) (from Ch. 26, par. 2-611) Sec. 2-611. Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his posit…

(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 i…

(810 ILCS 5/2-613) (from Ch. 26, par. 2-613) Sec. 2-613. Casualty to identified goods. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buy…

(810 ILCS 5/2-614) (from Ch. 26, par. 2-614) Sec. 2-614. Substituted performance. (1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes…

(810 ILCS 5/2-615) (from Ch. 26, par. 2-615) Sec. 2-615. Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or…

(810 ILCS 5/2-616) (from Ch. 26, par. 2-616) Sec. 2-616. Procedure on notice claiming excuse. (1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any …

(810 ILCS 5/2-701) (from Ch. 26, par. 2-701) Sec. 2-701. Remedies for breach of collateral contracts not impaired. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this Article. (Source: Laws 196…

(810 ILCS 5/2-702) (from Ch. 26, par. 2-702) Sec. 2-702. Seller's remedies on discovery of buyer's insolvency. (1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract,…

(810 ILCS 5/2-703) (from Ch. 26, par. 2-703) Sec. 2-703. Seller's remedies in general. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to an…

(810 ILCS 5/2-704) (from Ch. 26, par. 2-704) Sec. 2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. (1) An aggrieved seller under the preceding section may (a) identify to the contract conforming goods not already ident…

(810 ILCS 5/2-705) (from Ch. 26, par. 2-705) Sec. 2-705. Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 2-702) and may stop delive…

(810 ILCS 5/2-706) (from Ch. 26, par. 2-706) Sec. 2-706. Seller's resale including contract for resale. (1) Under the conditions stated in Section 2-703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in…

(810 ILCS 5/2-707) (from Ch. 26, par. 2-707) Sec. 2-707. "Person in the position of a seller". (1) A "person in the position of a seller" includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who ot…

(810 ILCS 5/2-708) (from Ch. 26, par. 2-708) Sec. 2-708. Seller's damages for non-acceptance or repudiation. (1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-acceptance or rep…

(810 ILCS 5/2-709) (from Ch. 26, par. 2-709) Sec. 2-709. Action for the price. (1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next Section, the price (a) of goods accepted or of conforming goods l…

(810 ILCS 5/2-710) (from Ch. 26, par. 2-710) Sec. 2-710. Seller's incidental damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods aft…

(810 ILCS 5/2-711) (from Ch. 26, par. 2-711) Sec. 2-711. Buyer's remedies in general; buyer's security interest in rejected goods. (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any …

(810 ILCS 5/2-712) (from Ch. 26, par. 2-712) Sec. 2-712. "Cover"; buyer's procurement of substitute goods. (1) After a breach within the preceding section the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purcha…

(810 ILCS 5/2-713) (from Ch. 26, par. 2-713) Sec. 2-713. Buyer's damages for non-delivery or repudiation. (1) Subject to the provisions of this Article with respect to proof of market price (Section 2-723), the measure of damages for non-delivery or repudiation by the seller is t…

(810 ILCS 5/2-714) (from Ch. 26, par. 2-714) Sec. 2-714. Buyer's damages for breach in regard to accepted goods. (1) Where the buyer has accepted goods and given notification (subsection (3) of Section 2-607 he may recover as damages for any non-conformity of tender the loss resu…

(810 ILCS 5/2-715) (from Ch. 26, par. 2-715) Sec. 2-715. Buyer's incidental and consequential damages. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully re…

(810 ILCS 5/2-716) (from Ch. 26, par. 2-716) Sec. 2-716. Buyer's right to specific performance or replevin. (1) Specific performance may be ordered where the goods are unique or in other proper circumstances. (2) The judgment for specific performance may include such terms and co…

(810 ILCS 5/2-717) (from Ch. 26, par. 2-717) Sec. 2-717. Deduction of damages from the price. The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under…

(810 ILCS 5/2-718) (from Ch. 26, par. 2-718) Sec. 2-718. Liquidation or limitation of damages; deposits. (1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by th…

(810 ILCS 5/2-719) (from Ch. 26, par. 2-719) Sec. 2-719. Contractual modification or limitation of remedy. (1) Subject to the provisions of subsections (2) and (3) of this Section and of the preceding section on liquidation and limitation of damages, (a) the agreement may provide…

(810 ILCS 5/2-720) (from Ch. 26, par. 2-720) Sec. 2-720. Effect of "cancellation" or "recision" on claims for antecedent breach. Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a re…

(810 ILCS 5/2-721) (from Ch. 26, par. 2-721) Sec. 2-721. Remedies for fraud. Remedies for material misrepresentation or fraud include all remedies available under this Article for non-fraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rej…

(810 ILCS 5/2-722) (from Ch. 26, par. 2-722) Sec. 2-722. Who can sue third parties for injury to goods. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract (a) a right of action agains…

(810 ILCS 5/2-723) (from Ch. 26, par. 2-723) Sec. 2-723. Proof of market price: time and place. (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section 2…

(810 ILCS 5/2-724) (from Ch. 26, par. 2-724) Sec. 2-724. Admissibility of market quotations. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in new…

(810 ILCS 5/2-725) (from Ch. 26, par. 2-725) Sec. 2-725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the pe…

(810 ILCS 5/2A-101) (from Ch. 26, par. 2A-101) Sec. 2A-101. Short title. This Article shall be known and may be cited as the Uniform Commercial Code; Leases. (Source: P.A. 87-493.)

(810 ILCS 5/2A-102) (from Ch. 26, par. 2A-102) Sec. 2A-102. Scope. (1) This Article applies to any transaction, regardless of form, that creates a lease and, in the case of a hybrid lease, it applies to the extent provided in subsection (2). (2) In a hybrid lease: (a) if the leas…

(810 ILCS 5/2A-103) (from Ch. 26, par. 2A-103) Sec. 2A-103. Definitions and index of definitions. (1) In this Article unless the context otherwise requires: (a) "Buyer in ordinary course of business" means a person who, in good faith and without knowledge that the sale to him or …

(810 ILCS 5/2A-104) (from Ch. 26, par. 2A-104) Sec. 2A-104. Leases subject to other law. (1) A lease, although subject to this Article, is also subject to any applicable: (a) certificate of title statute of this State: (Article I and Article II of Chapter 3 of The Illinois Vehicl…

(810 ILCS 5/2A-105) (from Ch. 26, par. 2A-105) Sec. 2A-105. Territorial application of Article to goods covered by certificate of title. Subject to the provisions of Sections 2A-304(3) and 2A-305(3), with respect to goods covered by a certificate of title issued under a statute o…

(810 ILCS 5/2A-106) (from Ch. 26, par. 2A-106) Sec. 2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the less…

(810 ILCS 5/2A-107) (from Ch. 26, par. 2A-107) Sec. 2A-107. Waiver or renunciation of claim or right after default. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a waiver or renunciation i…

(810 ILCS 5/2A-108) (from Ch. 26, par. 2A-108) Sec. 2A-108. Unconscionability. (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or …

(810 ILCS 5/2A-109) (from Ch. 26, par. 2A-109) Sec. 2A-109. Option to accelerate at will. (1) A term providing that one party or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he or she deem…

(810 ILCS 5/2A-201) (from Ch. 26, par. 2A-201) Sec. 2A-201. Statute of frauds. (1) A lease contract is not enforceable by way of action or defense unless: (a) the total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,…

(810 ILCS 5/2A-202) (from Ch. 26, par. 2A-202) Sec. 2A-202. Final expression; parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of the…

(810 ILCS 5/2A-203) (from Ch. 26, par. 2A-203) Sec. 2A-203. Seals inoperative. The affixing of a seal to a record evidencing a lease contract or an offer to enter into a lease contract does not render the record a sealed instrument and the law with respect to sealed instruments d…

(810 ILCS 5/2A-204) (from Ch. 26, par. 2A-204) Sec. 2A-204. Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract. (2) An agreement sufficient to cons…

(810 ILCS 5/2A-205) (from Ch. 26, par. 2A-205) Sec. 2A-205. Firm offers. An offer by a merchant to lease goods to or from another person in a signed record that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated o…

(810 ILCS 5/2A-206) (from Ch. 26, par. 2A-206) Sec. 2A-206. Offer and acceptance in formation of lease contract. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner…

(810 ILCS 5/2A-207) (from Ch. 26, par. 2A-207) Sec. 2A-207. (Blank). (Source: P.A. 95-895, eff. 1-1-09.)