An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. 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.
Georgia Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts
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US-01242BG
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How to fill out Complaint For Amount Due For Work And Labor Done On Open Account Basis - Breach Of Oral Or Implied Contracts?
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Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract. Non-essential terms of the contract need not be settled to render an oral contract enforceable.
An oral contract is legal and may be enforced by an action at law.
Sometimes, business partners or entities enter into oral agreements. Generally, oral agreements are enforceable and binding in the State of Georgia.
An oral contract may be unenforceable if its subject matter falls under the Statute of Frauds, which requires certain contracts to be in writing and signed. Examples of contracts that must be in writing include: Consideration of marriage, including prenuptial and postnuptial agreements.
Open Accounts; Breach of Certain Contracts; Implied Promise; Exception. All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues.
An oral contract is a type of business contract that is outlined and agreed to via spoken communication, but not written down. Although it can be difficult to prove the terms of an oral contract in the event of a breach, this type of contract is legally binding.
There must have been an actual failure or refusal to perform the party's contractual obligations, without a legal reason for doing so, for a breach of contract claim.
The statute of limitations on open accounts (implied promises or undertakings) is 4 years. O.C.G.A. § 9-3-25. The statute of limitations for auto contracts 4 is years because they fall under the Georgia UCC.