An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Title: Alaska Complaint for Breach of Oral or Implied Contracts — Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees Keywords: Alaska, complaint, breach of oral contracts, breach of implied contracts, open account, goods sold and delivered, stipulation for attorney's fees Introduction: In the state of Alaska, individuals and businesses are legally protected when it comes to enforceable contracts. A complaint for breach of oral or implied contracts might be filed when one party fails to fulfill their obligations regarding an open account for goods sold and delivered. This article explores the different aspects and types of complaints related to the breach of oral or implied contracts in Alaska. 1. Alaska Complaint for Breach of Oral Contracts — Open Account for Goods Sold and Delivered: In this type of complaint, the plaintiff alleges that the defendant agreed, either orally or through non-written communication, to a transaction involving the sale and delivery of goods. The plaintiff further contends that the defendant has breached this agreement by failing to make the necessary payments on the open account as per their agreement. 2. Alaska Complaint for Breach of Implied Contracts — Open Account for Goods Sold and Delivered: In contrast to an oral contract, an implied contract arises from the conduct or actions of the parties involved. In this type of complaint, the plaintiff argues that a clear and enforceable contract was established between the parties involved without any explicit agreement. The plaintiff asserts that the defendant has breached this implied contract by failing to fulfill their payment obligations regarding the open account for goods sold and delivered. 3. Stipulation for Attorney's Fees: In both the aforementioned types of complaints, a stipulation for attorney's fees may be included. This stipulation allows the prevailing party to recover their attorney's fees and costs incurred during the legal process if they win the case. Conclusion: It is essential for individuals and businesses to understand their rights and responsibilities when entering into contracts in Alaska. These complaints for breach of oral or implied contracts help to ensure that parties involved in an open account for goods sold and delivered are held accountable for their obligations. By seeking legal recourse and filing the appropriate complaint, the aggrieved party aims to recover any outstanding payments, as well as potential attorney's fees, in the pursuit of justice.
