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

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Multi-State
Control #:
US-01248BG
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Word; 
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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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FAQ

The existence of an enforceable contract, The plaintiff's performance of its obligations or the lack of performance due to a valid excuse, The defendant (the party being sued) breached the contract, and, The plaintiff's damages due to the defendant's breach of contract.

Under Louisiana law, a breach- of-contract claim has three elements: ?'(1) the obligor's undertaking an obligation to perform, (2) the obligor failed to perform the obligation, and (3) the failure to perform resulted in damages to the obligee.

The 1972 act, which was modeled after the Federal Trade Commission Act, makes unlawful all unfair or deceptive trade practices or methods of competition. The act is designed to afford redress to any party such conduct harms, whether the injured claimant is categorized as a consumer or businessman.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of anyexpress warranty or implied warranty, including the implied warranty of merchantability.

Contracts (Breach of Contract) ? 10 years to file suit. Debt Collection ? Three years to file suit. Annulment of Testament (Disputing a Will)- Five years to file suit. Child Support ? 10 years to file suit.

In most cases they will simply have to show that the other party was aware of the existence of the standard terms and conditions. Such evidence typically consists of correspondence referring to the standard terms and conditions or reference to them on order forms.

The Statute of Frauds can be satisfied by any signed writing that (1) reasonably identifies the subject matter of the contract, (2) is sufficient to indicate that a contract exists, and (3) states with reasonable certainty the material terms of the contract.

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