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.
A New Hampshire Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds is a legal document that serves as the defendant's response to a complaint, asserting that the claim made against them is invalid due to violation of the statute of frauds. The statute of frauds is a legal rule that requires certain types of contracts to be in writing to be legally enforceable. In New Hampshire, the Statute of Frauds can be found under Chapter 506:1 of the New Hampshire Revised Statutes. It outlines specific types of contracts that must be in writing to be enforceable, including contracts for the sale of real estate, contracts that cannot be performed within one year, contracts for the sale of goods worth over $500, and contracts to pay the debt of another person. By invoking this statute, the defendant argues that the plaintiff's complaint should be barred as the alleged agreement does not meet the criteria set forth in the statute. Different types of New Hampshire Answers by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds may vary depending on the specific circumstances of the case. However, the main content typically includes: 1. Identification: The defendant must clearly identify themselves, their attorney (if represented), and the court where the answer is being filed. 2. Response to Each Allegation: The defendant must respond to each allegation made by the plaintiff in the complaint. If the defense is invoking the statute of frauds, they would specifically address the nature of the alleged agreement and explain why it fails to comply with the statute. 3. Affirmative Defenses: Besides the statute of frauds, the defendant may assert other affirmative defenses such as lack of consideration, mistake, duress, illegality, or incapacity. 4. Request for Relief: The defendant may request the court to dismiss the plaintiff's claim, grant summary judgment, or any other appropriate relief based on the asserted affirmative defense. It's important to consult an attorney who specializes in New Hampshire law to ensure the answer is properly drafted and tailored to the specific circumstances of the case. The provided information should not be considered legal advice; it is merely a general overview of the topic.
