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.
Washington Complaint for Amount Due for Work and Labor Done on Open Account Basis - Breach of Oral or Implied Contracts
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US-01242BG
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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
When a breach of contract takes place, this means one or more of the parties did not fulfill the terms of the contract. Contracts are covered under civil law. If a breach in contract occurs, a civil claim can be made, and the case will appear before a civil judge.
An express contract and a contract-implied-in-fact both require mutual assent and a meeting of the minds. However, an express contract is proved by an actual agreement (either written or oral), and a contract-implied-in-fact is proved by circumstances and the conduct of the parties.
An implied offer is one that's implied rather than overtly stated. For instance, a person who buys a product from a seller assumes that the product functions properly without a seller explicitly claiming that the product works. An agreement stems from the offer, and the offer is then construed as the proposal.
Implied contract terms may be fixed in common law or legislation or may arise from customary business practice. An example of an implied contract term is when the buyer of a product purchases a product and assumes it will be free of general defect.
Implied contracts are contracts formed by the actions, conduct, or circumstances of parties to an agreement. Unlike express contracts, they are neither oral nor written agreements. Implied contracts are either characterized as implied-in-fact or implied-in-law.