IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 700.09
Election to Proceed/Terminate - Definition
If you find that the defendant continued to perform under the contract or continued to
accept the benefits of the plaintiff’s continued performance under the contract, such conduct
constitutes a conclusive election by the defendant to proceed with the contract. On the other hand,
if you find that the defendant, after learning of the plaintiff’s material breach, communicated or
engaged in conduct that indicated a clear intent to stop performing his obligations under the
contract and stop accepting the benefits of the plaintiff’s continued performance, such conduct
constitutes an election to terminate the contract.
Instruction and Notes on Use approved November 2025.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
1644a36a9522443be397f183afa31b8f3d546c5f3d3ba078ffdb9f514b1d9e7c
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