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.
Illinois Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts
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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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FAQ
General expectation damages = the value of performance without the breach (what was promised) minus the value of performance with the breach (what was received)
An award of compensatory damages is the most common of the legal remedies for breach of contract. The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract. They typically fall into two categories: expectation damages and consequential damages.
These are the three elements of a contract: (1) offer; (2) acceptance; and (3) consideration. For something to legally be considered a contract, not only must the parties have a meeting of the minds as to what is being agreed upon, but there must also be ?consideration? involved.
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.
The general remedy for breach of contract is a monetary sum amounting to the financial loss suffered as a result of the breach. The common law position is to place the innocent party in the same position as if the contract had been performed, such as accounting for a loss of sales.
In Illinois, contracts can be verbal or written down. However, the best option is to have a written contract. Without a written contract, it could cause potential problems if the legal route is taken to acquire compensation for damages.
In Illinois, contracts can be verbal or written down. However, the best option is to have a written contract. Without a written contract, it could cause potential problems if the legal route is taken to acquire compensation for damages.
The general rule is that you have five years to sue on an unwritten (oral) contract or agreement and ten years on a written contract.