Contract Law Case Study

C. Section 2-619(a)(9): Various Affirmative Matters Defeat Counts VI, VII, & VIII Counts VI, VII, and VIII, which each allege breach-of-contract and conversion theories of relief, should be dismissed pursuant to section 2-619(a)(9) of the Code.

1. Plaintiffs Breach of Contract Claims are Defeated by the Lease Terms and are Waived

Plaintiffs’ breach-of-contract claims are defeated by two independent affirmative matters: the lease’s terms and the equitable principle of waiver. To bring a breach of contract cause of action, a plaintiff must allege (1) the existence of a contract, (2) plaintiff’s performance of all contractual conditions, (3) defendant’s alleged breach, and (4) damages. See Premier Electrical Construction Co, 159 Ill. App. 3d at 102 (emphasis added). Dismissal pursuant to section 2-619(a)(9) of the Code is warranted when an affirmative matter defeats a claim. Napleton, 408 Ill. App. 3d at 450. As discussed below, Plaintiffs cannot establish their own contractual performance, and similarly, cannot establish or have otherwise waived any allegation that Defendants breached the lease. With respect to Plaintiffs’ contractual performance, Defendants reiterate the arguments raised in their prior dismissal motions.

In addition, Plaintiffs have not alleged sufficient facts to sustain an anticipatory repudiation of a contract claim, and have waived any claim based on a constructive eviction. Plaintiffs also cannot maintain their breach of contract causes of action because they failed to perform their contractual obligations, waived any breach claims based on allegations occurring before Plaintiffs extended the lease term, and Defendants were not in breach for the allegations pertaining to August 2014. Therefore, Counts IV, V, VI, VII and VIII should be dismissed with