Florida Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

State:
Multi-State
Control #:
US-01248BG
Format:
Word; 
Rich Text
Instant download

Description

An open account is an account based on continuous dealing between the parties, which has not been closed, settled or stated, and which is kept open with the expectation of further transactions. 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. This form is a complaint against a guarantor of such an account.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts
  • Preview Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts

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FAQ

In Florida, you have to prove that the other person's negligence (breach) caused significant damages. The most common damage that results from a breach of contract is the loss of money. You may also be entitled to expectation damages, which means you lost certain benefits that were promised as part of the agreement.

First, there must have been a valid contract. Second, there must have been a material breach of that contract. And third, you must have incurred damages as a result of the breach.

The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.

To sue for breach of contract in Florida, you must meet three criteria. First, there must have been a valid contract. Second, there must have been a material breach of that contract. And third, you must have incurred damages as a result of the breach.

The appropriate remedy depends on the terms of the contract, the nature of the breach, and the case's specific circumstances. Compensatory Damages. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.

Cause of Action?Breach of Contract (PLD-C-001(1)) Tells the court and the other side that you contend that the other side broke an agreement (breached a contract), and the specific details of the allegation. Must be attached to a Complaint form to use.

There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.

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Florida Complaint Against Guarantor of Open Account Credit Transactions - Breach of Oral or Implied Contracts