· 6/14/2004
Hayes Mechanical, Inc. v. First Industrial, L.P.
Citations
- 812 N.E.2d 419
- 285 Ill. Dec. 599
- 351 Ill. App. 3d 1
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning, in part, that a contractor could not pursue quasi-contractual relief against a landlord for services performed under a contract with a tenant, because the contractor assumed the risk of loss when it contracted with the tenant alone
- reasoning, in part, that a contractor could not pursue quasi-contractual relief against a landlord for services performed under a contract with a tenant, because the contractor assumed the risk of loss when it contracted with the tenant alone
- “A quasi‐contract, or contract implied in law, is one in which no actual agreement between the parties occurred, but a duty is imposed to prevent injustice.”
- if the proposed amendment does not state a cognizable claim, courts of review will often not proceed with further analysis
- trial court's discretion to grant leave to amend a complaint considers whether timely amendment would cure the defective pleading and would not prejudice or surprise the other party
- when no cause of action can be stated, leave to amend should be denied
Source: CourtListener parenthetical corpus (CC0).
Judges: McBride, O'Malley, McNulty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.