Legal Definitions - common counts

Common counts are a set of standardized, general claims for money owed that are included in a lawsuit. They are used when a party believes they are owed money, but there might be some uncertainty about the exact legal basis or specific terms of an agreement. By including several "common counts" in a complaint, the plaintiff aims to cover all possible legal avenues for the defendant'sliability for the debt. This strategy helps prevent the defendant from avoiding payment due to a technicality in how the claim was initially phrased, ensuring that justice can be served even if a formal contract is unclear or disputed.

Here are some examples illustrating how common counts might be used:

• Scenario 1: Disputed Consulting Fees

  A freelance marketing consultant provides extensive strategic advice and creates a detailed campaign plan for a startup. They have numerous email exchanges and verbal agreements, but no single, comprehensive written contract outlining every specific deliverable and cost. After the consultant delivers the plan, the startup implements it successfully but then disputes the final invoice, claiming there wasn't a clear agreement on the total cost for all the services provided.

  How it illustrates "common counts": The consultant's lawsuit might include "common counts" such as a claim for the reasonable value of services rendered (meaning the fair market price for the work performed, even without a perfect contract) and a claim for money due on an account stated (if an invoice was sent and not timely disputed). This approach ensures the consultant can recover payment for the benefit the startup received, even if the specific contractual terms are ambiguous or disputed.

• Scenario 2: Unpaid Home Renovation Upgrades

  A homeowner hires a contractor to build a custom patio. During construction, the homeowner repeatedly asks for additional features and upgrades not in the original written contract, such as custom lighting and a built-in planter, which the contractor provides. When the project is complete, the homeowner pays the initial contract amount but refuses to pay for the extra work, arguing there was no written agreement for the additions.

  How it illustrates "common counts": The contractor could sue using "common counts" like a claim for the reasonable value of labor and materials provided (covering the extra work and supplies) and a claim for money due on an open book account (representing the running balance of charges and payments). These general claims allow the contractor to seek payment for the benefits the homeowner requested and received, even without a formal written amendment for every single change.

• Scenario 3: Accidental Duplicate Payment

  A large corporation uses an automated payment system. Due to a software glitch, it accidentally sends two identical payments to a vendor for the same invoice. The vendor receives both payments but refuses to return the duplicate, claiming it's compensation for unspecified past services that were never formally billed.

  How it illustrates "common counts": The corporation could file a lawsuit including "common counts" such as a claim for money had and received (meaning the vendor received money that rightfully belongs to the corporation) or for money paid by mistake. These general claims allow the corporation to recover the overpayment, focusing on the principle that the vendor unjustly holds funds that are not theirs, rather than needing to prove a specific breach of contract.