A traditional type ofcommon-law pleadingthat is used in actions to recover a debt of money of the defendant based upon an express or implied promise to pay after performance had been rendered. In a common-countpleading, the plaintiff sets forth in account form the facts that constitute the basis of his or her claim, such as money had and received and goods sold and delivered.
Common counts were once used to allege the grounds for actions of assumpsit, a common-law action for the recovery of money owed by a defendant to the plaintiff. The four classes of common counts were (1) the indebitatus count; (2) the quantum meruit count; (3) the quantum valebant count; and (4) the account stated count. The generalized nature of common counts enabled a plaintiff to take advantage of any ground of liability for which proof was available within the limits of the action of assumpsit. This is in contrast to special counts within which a plaintiff had to state a particular claim or be denied relief.
Common counts are no longer used for pleading purposes but have been replaced by complaints according to the Federal Rules of Civil Procedure and state codes of civil procedure.
"Common Count." West's Encyclopedia of American Law. . Encyclopedia.com. (July 23, 2019). https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/common-count
"Common Count." West's Encyclopedia of American Law. . Retrieved July 23, 2019 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/common-count
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.