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

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Multi-State
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US-01248BG
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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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FAQ

Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.

The implied warranty of workmanship and habitability runs for one year after the transfer of title or the buyer's taking possession, whichever occurs first, and a buyer has two years from the date of the breach in which to bring an action for breach of warranty. Va. Code Ann. §55-70.1(E).

§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

? The statute of limitations is: ? Ten years for a written contract (W. Va. Code § 55-2-6). ? Five years for an oral contract (W.

An implied warranty is a legal term for the assurances that a product is fit for the purpose that it is intended and that it is merchantable, i.e., conforms to an ordinary buyer's expectations.

The West Virginia Consumers Credit and Protection Act requires every person engaging in this State in making consumer credit sales or consumer loans and every person having an office or a place of business in this State who takes assignments of and undertakes direct collection of payments from or enforcement or rights ...

"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...

Right to bail; exceptions; review. (a) A person arrested for an offense not punishable by life imprisonment shall be admitted to bail by the court or magistrate.

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