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If an account-stated relationship has been established, the debtor must either pay the debt or challenge the charges within a reasonable time. If the debtor does not pay, a creditor in many states may sue for an account stated if the debtor never challenges the costs within a reasonable time.
What is a common count account stated?
Common counts may include claims of debt for goods sold and delivered, for work performed, for money loaned or advanced, for money paid requiring repayment, for money received on behalf of the plaintiff, or for money due on an account stated or on an open book account.
What are the elements of account stated?
The elements of an accounts stated claim are (1) A previous transaction that created a liability; (2) An agreement by the Defendant that the balance is due and correct; (3) A promise has been made, either expressly or implicitly, to pay the balance; (4) The balance remains unpaid.
What is an example of an account stated?
Often the account stated is a bill, invoice or a summary of invoices, signed by the customer or sent to the customer who pays part or all of it without protest.
What are the elements of account stated in Massachusetts?
At its essence, an account stated theory alleges that a creditor: (1) sent a statement demanding payment on an account, and (2) that the consumer assented to or agreed that that balance was owed. Massachusetts courts have routinely held that the necessary assent or agreement can be based on either actions or inactions.
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What is the difference between account stated and breach of contract?
Account Stated is used when no contract exists or when the plaintiff cannot prove the existence of the contract. Account Stated is an independent cause of action, which likely supersedes a cause of action for breach of contract.
What are the elements of a breach of contract in Massachusetts?
The plaintiff in a breach of contract case must prove that the defendant failed to perform in ance with the contract, and must do so with substantial certainty in identifying the term that was breached. The plaintiff must also prove that the breach created actionable damages.
What is the cause of action for an account stated in Florida?
The cause of action for an account stated is based on the agreement of the parties to pay the amount due upon the accounting, and not any written instrument.
Related links
account stated | Wex | US Law | LII / Legal Information Institute
An account stated is a document summarizing the amount of money a debtor owes a creditor. Account stated is also a cause of action in many states that allows a
Statement of Position 98-1 Accounting for the Costs of
Entities should allocate the cost among all individual elements. The allocation should be based on objective evidence of fair value of the elements in the
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