A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. Oral contracts can be just as valid and enforceable as written contracts.
The Second Defense of this form gives an example of pleading such a defense and is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
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The Statute of Frauds can be satisfied by any signed writing that (1) reasonably identifies the subject matter of the contract, (2) is sufficient to indicate that a contract exists, and (3) states with reasonable certainty the material terms of the contract.
Under this provision of the Statute of Frauds, contracts that cannot be performed within one year of the contract being made must be in writing. The one-year time period is measured from the date that the contract is made.
This article addresses the requirement that agreements relating to real property be in writing, a requirement known generically as the ?Statute of Frauds.? To satisfy the Statute of Frauds, a contract ?must furnish within itself, or by reference to some other existing writing, the means or data by which the property to ...
Sometimes, even though a contract falls within a statute of frauds, it can be enforced without meeting the two requirements. These exceptions are admission, performance, and promissory estoppel.
The leading object rule provides that oral contracts by third parties guaranteeing another's debt are not within the Statute of Frauds, if the guarantor's principal purpose is to benefit his or her own business or pecuniary interest.
