Fraud and coercion are common defenses which can void contracts in the first place. See, e.g., Keystone Montessori Sch. v. Vill. of River Forest , 453 Ill.Dec. 429, 187 N.E.3d 1167, 1178 (Ill. App. 2021), reh'g denied , (July 20, 2021), appeal denied , 451 Ill.Dec. 452, 183 N.E.3d 909 (Ill. 2021).
Plaintiffs point to the familiar elements of a breach of contract claim: (1) a valid and enforceable contract, (2) substantial performance by the claimant, (3) a breach by the party against whom the claim is brought, and (4) resulting damages. Keystone Montessori Sch. v. Vill. of River Forest, 2021 IL App. (1st) 191992, ¶ 65. But in federal court, Defendants do not need to allege facts necessary to support each element.
None of these actions is "more void" than another. See, e.g., Keystone Montessori School v. Village of River Forest, 2021 IL App (1st) 191992, ¶ 89. ("It is axiomatic that statutes that are unconstitutional on their face are void ab initio and that they and court orders void ab initio may be challenged at any time in any court with
See, e.g., Keystone Montessori School v. Village of River Forest, 2021 IL App (1st) 191992, ¶ 89. ("It is axiomatic that statutes that are unconstitutional on their face are void ab initio and that they and court orders void ab initio may be challenged at any time in any court with jurisdiction").
A contract or agreement that is void ab initio is treated as though it never existed and cannot be enforced. Keystone Montessori School v. Village of River Forest, 2021 IL App (1st) 191992, ¶ 85. The trial court did not err in granting summary in favor of the Village on Hardy's IWPCA claims where the Agreement on which she based her claims was void ab initio.
¶ 39 "Unjust enrichment is an equitable remedy based upon a contract implied in law, available only when no express contract governs the parties' relationship and there is no adequate remedy at law." Keystone Montessori School v. Village of River Forest, 2021 IL App (1st) 191992, ¶ 98.
¶ 30 Plaintiff relies on Keystone Montessori School v. Village of River Forest, 2021 IL App (1st) 191992, for the proposition that a contract or agreement that is void is not barred by the statute of limitations. Keystone concerned the validity of certain contracts between a school and a village providing that the school would waive its right to a property tax exemption and arguments that it was contrary to public policy.