COMPLAINT FOR BREACH OF CONTRACT

(Illinois State Court – Template)

[// GUIDANCE: This template is drafted for use in any Illinois Circuit Court. Confirm venue-specific caption requirements (e.g., “Law Division,” “Chancery Division”) before filing.]

TABLE OF CONTENTS

1. Caption & Heading
2. Parties
3. Jurisdiction and Venue
4. Statement of Facts
5. Count I – Breach of Contract
6. Count II – Injunctive Relief (Optional)
7. Prayer for Relief
8. Jury Demand (Optional)
9. Verification
10. Attorney Certification (Ill. Sup. Ct. R. 137)
11. Exhibit A – Contract at Issue

1. CAPTION & HEADING

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS
[LAW / CHANCERY] DIVISION

[PLAINTIFF NAME],
Plaintiff,

v. No. ______

[DEFENDANT NAME],
Defendant.

COMPLAINT FOR BREACH OF CONTRACT AND REQUEST FOR INJUNCTIVE RELIEF

2. PARTIES

1. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
2. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
3. At all relevant times, Plaintiff and Defendant (each a “Party,” collectively the “Parties”) were parties to the written [TITLE OF AGREEMENT] dated [CONTRACT DATE] (the “Agreement”), a true and correct copy of which is attached as Exhibit A.

3. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction pursuant to 735 ILCS 5/2-101 because Plaintiff seeks monetary damages exceeding the jurisdictional minimum and injunctive relief.
5. Venue is proper in [COUNTY] County under 735 ILCS 5/2-101 because (a) the transaction at issue occurred in this county, (b) the Agreement was to be performed in this county, and/or (c) Defendant transacts business and may be found in this county.
6. This action is not subject to mandatory arbitration pursuant to Illinois Supreme Court Rules 86–95 because the damages sought exceed $50,000.

4. STATEMENT OF FACTS

7. On [CONTRACT DATE], the Parties executed the Agreement, whereby Defendant agreed to [SUMMARY OF DEFENDANT’S OBLIGATIONS] in exchange for Plaintiff’s agreement to [SUMMARY OF PLAINTIFF’S OBLIGATIONS].
8. Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations required of it under the Agreement.
9. Beginning on or about [DATE], Defendant failed to [SPECIFIC BREACH—e.g., “make the required payments of $___ per month”], thereby breaching the Agreement.
10. Plaintiff provided Defendant with written notice of default on [DATE] and an opportunity to cure pursuant to § [__] of the Agreement, but Defendant failed to do so.
11. As a direct and proximate result of Defendant’s breach, Plaintiff has incurred damages in excess of $[AMOUNT], exclusive of interest, costs, and attorneys’ fees.
12. The Agreement expressly entitles the prevailing party to recover reasonable attorneys’ fees and costs incurred in enforcing the Agreement.

5. COUNT I – BREACH OF CONTRACT

(Against Defendant)

13. Plaintiff realleges paragraphs 1-12 as though fully set forth herein.
14. The Agreement constitutes a valid and enforceable contract.
15. Plaintiff performed all conditions precedent under the Agreement or such conditions have been waived or excused.
16. Defendant materially breached the Agreement by [RESTATE BREACH].
17. Plaintiff has suffered and continues to suffer damages as a foreseeable result of Defendant’s breach in an amount to be proven at trial but not less than $[AMOUNT].

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as set forth in the Prayer for Relief, infra.

6. COUNT II – INJUNCTIVE RELIEF

(Optional – include only if specific performance or equitable relief is sought)

18. Plaintiff realleges paragraphs 1-17 as though fully set forth herein.
19. Legal remedies are inadequate in that monetary damages alone cannot fully compensate Plaintiff for [IRREPARABLE HARM—e.g., “loss of unique intellectual property/confidential information”].
20. Plaintiff has a clear right to relief by reason of the Agreement, and Defendant’s ongoing breach threatens immediate and irreparable harm.
21. The balance of equities favors issuance of injunctive relief, and such relief serves the public interest.

WHEREFORE, Plaintiff prays that the Court:
a. Temporarily, preliminarily, and permanently enjoin Defendant from [PROHIBITED CONDUCT];
b. Order specific performance of the Agreement; and
c. Grant such other and further equitable relief as the Court deems just and proper.

[// GUIDANCE: For temporary restraining orders or preliminary injunctions, prepare and file a separate motion that complies with 735 ILCS 5/11-101 et seq. and Ill. Sup. Ct. R. 231.]

7. PRAYER FOR RELIEF

Plaintiff respectfully requests that the Court enter judgment:
1. Awarding Plaintiff compensatory damages in an amount to be proven at trial but not less than $[AMOUNT];
2. Awarding pre- and post-judgment interest as permitted by law;
3. Awarding Plaintiff its reasonable attorneys’ fees and costs pursuant to § [__] of the Agreement;
4. Granting the injunctive relief requested in Count II (if applicable); and
5. Awarding such other and further relief as the Court deems just and proper.

8. JURY DEMAND (Optional)

Pursuant to Article I, § 13 of the Illinois Constitution and 735 ILCS 5/2-1105, Plaintiff hereby [CHECK ONE]:
☐ DEMANDS a trial by jury on all issues so triable.
☐ WAIVES trial by jury.

9. VERIFICATION

I, [NAME AND TITLE], being first duly sworn on oath, state that I am authorized to make this verification on behalf of Plaintiff, that I have read the foregoing Complaint, and that the allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[NAME]
[Title]

Subscribed and sworn before me
on this ___ day of ____, 20__.

Notary Public

10. ATTORNEY CERTIFICATION (Ill. Sup. Ct. R. 137)

The undersigned certifies that the statements made in this pleading are true and correct based upon reasonable inquiry and that this pleading is not interposed for any improper purpose.

DATED: ______

[ATTORNEY NAME] (#__)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

11. EXHIBIT A – CONTRACT AT ISSUE

[Attach a complete, legible copy of the Agreement. Under 735 ILCS 5/2-606, a claim founded on a written instrument must have the instrument appended to the pleading or the substance of the instrument set out in the complaint.]

[// GUIDANCE: If the contract contains confidential material, move to file Exhibit A under seal per Ill. Sup. Ct. R. 361 or relevant local rule.]

SERVICE INSTRUCTIONS

[// GUIDANCE: Upon filing, prepare summons in the form required by Ill. Sup. Ct. R. 101 and arrange for service through the Sheriff or a special process server per 735 ILCS 5/2-202.]

END OF TEMPLATE