Common Counts Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Common Counts, written in plain English, along with examples of how it is used.

What is Common Counts?

It is a common single pleading which leads to the action taken for recovering of the money owed by the defendant to the plaintiff. In such a pleading all the counts of debts are merged together so that the defendant is not able to escape or find a technical loophole in one of the counts. The count may refer to money owed, goods delivered but not yet paid or money received by defendant but not yet paid to plaintiff etc.

History and Meaning of Common Counts

Common Counts is a legal term used in civil proceedings which were historically based on debt. It originated in the English legal system in the Middle Ages and has since been adopted by many other legal systems worldwide. The purpose of the common counts is to simplify the process of legal action for individuals, allowing them to resolve disputes without needing extensive knowledge of the legal system. In such a pleading, all the counts of debts are merged together so that the defendant is not able to escape or find a technical loophole in one of the counts.

Examples of Common Counts

  1. An individual is in debt to their landlord for unpaid rent, damages, and late fees. The landlord files a common count lawsuit to recover the amount owed.

  2. A business owner is unable to collect payment from a client for services provided. The business owner files a common count lawsuit to recover the outstanding balance.

  3. A homeowner hires a contractor to perform renovations and is unhappy with the results. The homeowner files a common count lawsuit to recover the cost of the work done.

Legal Terms Similar to Common Counts

  1. Class Action Lawsuits - A lawsuit brought by a representative plaintiff on behalf of a group of plaintiffs who have suffered a similar injury or harm.

  2. Complaint - A formal written statement notifying the court and the defendant of the plaintiff's claims.

  3. Damages - A sum of money that a court orders to be paid to an individual as compensation for a harm or loss suffered.