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: Arizona Complaint, Open Account, Goods Sold and Delivered, Stipulation, Attorney's Fees, Breach, Oral Contracts, Implied Contracts. Description: An Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed in the state of Arizona when a breach has occurred in an oral or implied contract regarding the sale and delivery of goods on an open account. This complaint seeks to recover the unpaid balance owed by the defendant, along with any applicable interest, fees, and costs incurred due to the breach. 1. Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contracts: This type of complaint is filed when the breach of an oral contract regarding the sale and delivery of goods on an open account occurs. The plaintiff alleges that the defendant failed to fulfill their obligations under the oral agreement, resulting in a monetary loss. The complaint seeks to recover the outstanding balance owed, late fees, interest, and attorney's fees. 2. Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contracts: This type of complaint is filed when there has been a breach of an implied contract regarding the sale and delivery of goods on an open account. Implied contracts are formed based on the conduct and actions of the parties involved, rather than through explicit written or verbal agreements. The plaintiff alleges that the defendant failed to meet their obligations under the implied contract, leading to financial damages. The complaint aims to recover the unpaid balance, along with late fees, interest, and attorney's fees. In both types of complaints, the inclusion of a stipulation for attorney's fees allows the prevailing party to recover attorney's fees incurred during the legal proceedings. This provision acts as an incentive for parties to resolve the dispute outside of court, encouraging settlement negotiations. It's essential to consult with an attorney familiar with Arizona contract law to ensure the complaint accurately reflects the breach of oral or implied contracts and to navigate the legal process effectively.Keywords: Arizona Complaint, Open Account, Goods Sold and Delivered, Stipulation, Attorney's Fees, Breach, Oral Contracts, Implied Contracts. Description: An Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees is a legal document filed in the state of Arizona when a breach has occurred in an oral or implied contract regarding the sale and delivery of goods on an open account. This complaint seeks to recover the unpaid balance owed by the defendant, along with any applicable interest, fees, and costs incurred due to the breach. 1. Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Oral Contracts: This type of complaint is filed when the breach of an oral contract regarding the sale and delivery of goods on an open account occurs. The plaintiff alleges that the defendant failed to fulfill their obligations under the oral agreement, resulting in a monetary loss. The complaint seeks to recover the outstanding balance owed, late fees, interest, and attorney's fees. 2. Arizona Complaint for Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees — Breach of Implied Contracts: This type of complaint is filed when there has been a breach of an implied contract regarding the sale and delivery of goods on an open account. Implied contracts are formed based on the conduct and actions of the parties involved, rather than through explicit written or verbal agreements. The plaintiff alleges that the defendant failed to meet their obligations under the implied contract, leading to financial damages. The complaint aims to recover the unpaid balance, along with late fees, interest, and attorney's fees. In both types of complaints, the inclusion of a stipulation for attorney's fees allows the prevailing party to recover attorney's fees incurred during the legal proceedings. This provision acts as an incentive for parties to resolve the dispute outside of court, encouraging settlement negotiations. It's essential to consult with an attorney familiar with Arizona contract law to ensure the complaint accurately reflects the breach of oral or implied contracts and to navigate the legal process effectively.
