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.
Virginia 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
The case of Lumley v Foster is a good reminder of what can happen if a written contract is not put in place. Cases about oral contracts usually involve a disagreement over whether there actually was a contract, and if so, what the terms were and then, whether they had been breached.
Wages can legally be withheld for state and federal taxes, non-tax federal debt, child support and alimony.
A breach occurs if a party without legal excuse fails to perform an obligation in a timely manner, repudiates a contract, or exceeds a contractual use term, or otherwise is not in compliance with an obligation placed on it by this chapter or the agreement.
If I break or damage company property or lose company money while performing my job, can my employer deduct the cost/loss from my wages? A. No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs.
Contracts implied in fact contain all the necessary elements (offer, acceptance, and consideration), except that these contracts are not in writing nor have their elements been stated orally. They are inferred from the parties' conduct. Contracts implied in law (aka quasi-contracts) are not even contracts.
In the event of an overpayment, the most important thing to do is inform your employer and formulate a plan for reimbursement. The failure to reimburse the overpayment can lead to strained relationships and in some states, it may result in adverse consequences, such as legal action.
The Virginia Wage Payment Act (?VWPA?) requires employers to pay employees all compensation they are owed and to do so in a timely manner. Among other things, the VWPA requires employers to establish and comply with a pay schedule for employees that meets certain parameters.
No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in ance with law, without the written and signed authorization of the employee.