Illinois Conflicts Between Printed Form and Added Terms

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This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.

Illinois Conflicts Between Printed Form and Added Terms refer to legal disputes that arise when conflicting contract provisions exist between preprinted or standardized forms and additional terms added to the contract. These conflicts commonly occur when parties enter into agreements using form contracts or templates but wish to modify or add specific terms to reflect their unique circumstances or intentions. In Illinois, conflicts between printed form and added terms are governed by the Uniform Commercial Code (UCC), specifically Article 2, which regulates contracts for the sale of goods. The UCC provides guidance and rules for resolving these conflicts and determining the enforceability of conflicting terms. There are two types of conflicts that may arise in Illinois regarding printed form and added terms: 1. Conflicts between preprinted or standardized terms: This occurs when parties are using an off-the-shelf contract or template where certain terms are already printed or established. However, one or both parties wish to modify or add additional terms to the contract. In such cases, there may be conflicts between the pre-printed terms and any added terms. Resolving these conflicts requires determining the intent of the parties and whether the added terms were meant to replace or supplement the pre-printed terms. 2. Conflicts between different added terms: This type of conflict arises when parties add different terms or provisions to the contract that are incompatible or contradict each other. For example, one party may add a provision that limits liability, while the other party adds a provision that imposes strict liability. Resolving these conflicts involves interpreting the contract as a whole, considering the relative importance of conflicting terms, and applying any applicable legal principles, such as the doctrine of contra preference, which states that ambiguous or conflicting terms should be construed against the party who drafted them. To determine the effect of conflicts between printed form and added terms in Illinois, courts generally follow the rules laid out in the UCC. According to the UCC, if the added terms materially alter the contract or object to the original terms, they must be explicitly accepted or agreed upon by the other party. Otherwise, they may be considered mere proposals or counteroffers, which may not form part of the final agreement. In conclusion, Illinois Conflicts Between Printed Form and Added Terms can give rise to legal disputes when conflicting provisions exist between preprinted or standardized forms and additional terms added to a contract. Resolving these conflicts often requires interpreting the intent of the parties, considering the respective importance of conflicting terms, and applying the rules set forth in the UCC.

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Some examples of a conflict of interest could be: Representing a family member in court. Starting a business that competes with your full-time employer. Advising a client to invest in a company owned by your spouse. Hiring an unqualified relative or friend.

For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.

Types of Conflict of Interest Romantic or relational. This type occurs when an individual in a senior position favors an employee with whom they are romantically involved or one who is a friend or a relative. ... Financial conflicts of interest. ... Competitive conflicts of interest. ... Confidential conflicts of interest.

A conflict of interest policy is intended to help ensure that when actual or potential conflicts of interest arise, the organization has a process in place under which the affected individual will advise the governing body about all the relevant facts concerning the situation.

This could occur, for example, if an attorney is representing both parties in a divorce case. Another scenario: A party seeks representation from an attorney to sue a neighbor in a civil claims case. If the attorney also represents the neighbor's business, there would be a potential conflict of interest.

A per se conflict of interest exists where certain facts about a defense attorney's status, by themselves, engender a disabling conflict.

The Illinois Statute governing conflicts of interest prohibits any public official from having any interest "in any contract or the performance of any work in the making or letting of which such officers may be called upon to act or vote" [50 ILCS 105/3 et seq.].

Illinois Rule of Professional Conduct 1.7 provides that a lawyer may not represent a client if the representation "will be directly adverse to the other client" unless (1) "the lawyer reasonably believes the representation will not adversely affect the relationship with the other client" and (2) "each client consents ...

Illinois Attorney General Opinion No. 92-012 (1992). The conflict of interest statutes state that public officers may not be interested indirectly in the name of any other person, association, trust, or corporation in any contract, work, or business of the public body, or in the sale of any article.

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Illinois Conflicts Between Printed Form and Added Terms