Legal Memorandum: Construction and interpretation of a contract is reviewed on appeal De Novo

Issue: Under Illinois law, what is the standard of review of a judgment involving construction and interpretation of a contract?

When an appeal focuses on the construction and interpretation of a contract, a review is to proceed, de novo.  See Gillen v. State Farm Mutual Automobile Insurance Co., 215 Ill.2d 381, 385 (2005), and Pekin Insurance Co. v. Allstate Insurance Co., 329 Ill. App. 3d 46, 49 (2002) (on review from grant of judgment on the pleadings, reviewing court must ascertain de novo whether the trial court correctly determined that the pleadings presented no issue of material fact and whether it therefore correctly entered judgment); see also Wiczer v. Wojciak, 2015 IL App (1st) 123753, ¶ 33, and Asset Recovery Contracting, LLC v. Walsh Construction Co., 2012 IL App (1st) 101226, ¶ 74 (the interpretation of contracts is subject to de novo standard of review, but with the factual findings involved therein given deference by the reviewing court).

Chandra v. Chandra, No. 1-14-3858 2016.IL.0000272 (Ill. Ct. App. Feb. 10, 2016) (VersusLaw).

Date: March 1, 2016
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