Maryland 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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  • 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

There are generally two types of remedy for breach of contract in Maryland: legal and equitable. Legal remedies include concepts of financial reimbursement that are calculated to make the non-breaching party whole again.

You might want to offer some type of consideration to cancel. But whatever you do, make sure that you cancel the contract, and that you do so in writing and that it's mutually agreed to by the other party. You don't want to do anything verbally because that individual, the other party, can come back and sue you.

Technically, the answer is yes. Although the agreement is not in writing, you may be able to file a lawsuit if another party breaches a verbal contract. However, many oral contract cases turn into ?he said, she said? situations, which can be more challenging to prove than cases with clearly defined terms on paper.

Oral vs Written Contracts ? A contract can be either written or oral. Oral contracts are generally enforceable, but written agreements are recommended to help resolve later disagreements. However, some contracts must be written.

Generally, yes, an oral contract is enforceable even though it may be difficult to prove. The enforceability of oral contracts also comes down to the jurisdiction in which a contract may be contested and the type of agreement the contract relates to.

If the other side argues that an oral agreement should be enforced against you, you may be able to defend yourself by claiming that a state law (known as the "Statute of Frauds") requires the type of contract -- for example, for the sale of real property -- to be in writing. The contract is indefinite.

Depending on the state, written contracts have about an eight to ten year statute of limitations, while verbal contracts have one to three. There is also a doctrine called the statute of frauds, and it says land sales must be in writing.

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.

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