Missouri 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

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.

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.

Generally, a verbal contract is binding in Missouri. However, there are certain circumstances in Missouri when a verbal contract is not enforceable. Those circumstances are described in Missouri's ?statute of frauds?.

To be valid, an oral contract must contain all of the following elements, which are required in any other type of contract: Offer. The offer is the promise to do something?or to not do something?in exchange for what the other party is providing. Acceptance. ... Consideration. ... Meeting of the minds. ... Legally enforceable.

Essentials Necessary to File a Breach of Contract A contract and terms are in existence. The plaintiff performed or tendered performance pursuant to the contract. There has been a breach of contract by the defendant. The plaintiff has suffered damages.

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.

There is a common misconception that if an agreement isn't set out in writing, then it's not legally binding. The fact is there's no requirement that a contract must be in writing in order for it to be enforceable, therefore a verbal contract can be enforced.

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