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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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.
The California Supreme Court recently ruled that the one-year clause of the Statute of Frauds, applies to those agreements where no time for performance is specified by the parties, but where the court finds they impliedly agreed on a reasonable time, and the jury finds that the period of reasonable time exceeds one ...
In determining whether the task can be completed within one year, it really is a theoretical question. You must ask, ?If one had unlimited money and manpower, could this task be completed within one year?? If the answer is ?yes,? the contract falls outside of the Statute of Frauds.
The California Supreme Court recently ruled that the one-year clause of the Statute of Frauds, applies to those agreements where no time for performance is specified by the parties, but where the court finds they impliedly agreed on a reasonable time, and the jury finds that the period of reasonable time exceeds one ...
Exceptions to the Statute of Frauds In some situations, agreements that would ordinarily require a written contract under the statute of frauds may be enforceable without them. Several exceptions relate to situations in which oral agreements result in work beginning or financial outlays.
