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. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Keywords: Rhode Island, Complaint, Open Account, Goods Sold and Delivered, Stipulation, Attorney's Fees, Breach, Oral Contracts, Implied Contracts Description: A Rhode Island Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts is a legal document filed by a plaintiff (usually a business or individual) against a defendant who has failed to pay for goods or services that were provided. This type of complaint seeks to recover the amount owed by the defendant, along with any applicable interest, costs, and attorney's fees. There can be variations of this type of complaint, depending on the specific circumstances and the type of contract involved. Some common variations may include: 1. Complaint for Open Account: This type of complaint is used when the plaintiff has provided goods or services on credit to the defendant and is seeking payment for the outstanding balance. It typically includes a detailed account statement of the transactions, invoices, and evidence of the delivery of goods or services. 2. Complaint for Goods Sold and Delivered: This variation is filed when the plaintiff has sold and delivered goods to the defendant but has not been compensated for the items. The complaint will include details of the sales agreement, evidence of delivery, and any other relevant documentation. 3. Complaint with Stipulation for Attorney's Fees: In certain cases, the plaintiff may include a stipulation in the complaint, requesting that the defendant be responsible for paying the plaintiff's attorney's fees if they are successful in the lawsuit. This provision encourages the defendant to settle the matter outside of court or face additional costs if the case goes to trial. 4. Breach of Oral Contracts: If the agreement between the parties was solely based on an oral agreement rather than a written contract, the complaint may specifically allege a breach of an oral contract. The plaintiff would need to provide evidence such as witness statements, emails, or other documentation to support their claim. 5. Breach of Implied Contracts: In some instances, a contract may be implied based on the actions and conduct of the parties involved, rather than explicitly stated in writing. If the plaintiff believes that such an implied contract was formed, but the defendant failed to fulfill their obligations, a complaint for breach of an implied contract may be filed. In any Rhode Island Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral or Implied Contracts, the plaintiff will need to clearly outline the facts of the case, provide supporting evidence, and assert the legal basis for their claim. It is advisable to consult with an attorney familiar with Rhode Island law to ensure the complaint is properly prepared and filed.
