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.
Hawaii Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds In a civil lawsuit in Hawaii, when the defendant believes that the plaintiff's cause of action is barred by the appropriate Statute of Frauds, they have the option to assert this affirmative defense in their answer. The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing to be enforceable. There are different types of contracts that could potentially be deemed unenforceable under the Statute of Frauds in Hawaii. Some common categories include: 1. Contracts involving real estate: Any contract for the sale, lease, or transfer of real property must generally be in writing to be enforceable under Hawaii law. This applies to agreements regarding land, houses, buildings, or any other type of immovable property. 2. Contracts for the sale of goods exceeding a certain value: The Statute of Frauds in Hawaii requires a written agreement for the sale of goods when the total value exceeds $500. This provision seeks to protect parties from disputes arising from large transactions involving valuable goods. 3. Contracts that cannot be performed within one year: If the contractual obligations cannot be performed within one year from the date of the agreement, Hawaii's Statute of Frauds generally requires that the contract be in writing. This provision aims to eliminate potential ambiguity and disputes arising from long-term agreements. 4. Promises to answer for the debts or obligations of another: When an individual makes a promise to be responsible for someone else's debts or obligations, such as acting as a guarantor or a surety, the Statute of Frauds may require such promises to be in writing to be enforceable in Hawaii. 5. Agreements related to marriage: Hawaii's Statute of Frauds specifies that agreements made upon consideration of marriage, such as prenuptial agreements or contracts related to the distribution of marital property, generally must be in writing. When faced with a civil lawsuit, a defendant in Hawaii can assert an affirmative defense based on the appropriate Statute of Frauds if they believe that the plaintiff's cause of action falls within one of these categories, rendering the contract unenforceable. It is crucial for defendants to consult with legal counsel to determine the validity of such defense and ensure compliance with all legal requirements.Hawaii Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds In a civil lawsuit in Hawaii, when the defendant believes that the plaintiff's cause of action is barred by the appropriate Statute of Frauds, they have the option to assert this affirmative defense in their answer. The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing to be enforceable. There are different types of contracts that could potentially be deemed unenforceable under the Statute of Frauds in Hawaii. Some common categories include: 1. Contracts involving real estate: Any contract for the sale, lease, or transfer of real property must generally be in writing to be enforceable under Hawaii law. This applies to agreements regarding land, houses, buildings, or any other type of immovable property. 2. Contracts for the sale of goods exceeding a certain value: The Statute of Frauds in Hawaii requires a written agreement for the sale of goods when the total value exceeds $500. This provision seeks to protect parties from disputes arising from large transactions involving valuable goods. 3. Contracts that cannot be performed within one year: If the contractual obligations cannot be performed within one year from the date of the agreement, Hawaii's Statute of Frauds generally requires that the contract be in writing. This provision aims to eliminate potential ambiguity and disputes arising from long-term agreements. 4. Promises to answer for the debts or obligations of another: When an individual makes a promise to be responsible for someone else's debts or obligations, such as acting as a guarantor or a surety, the Statute of Frauds may require such promises to be in writing to be enforceable in Hawaii. 5. Agreements related to marriage: Hawaii's Statute of Frauds specifies that agreements made upon consideration of marriage, such as prenuptial agreements or contracts related to the distribution of marital property, generally must be in writing. When faced with a civil lawsuit, a defendant in Hawaii can assert an affirmative defense based on the appropriate Statute of Frauds if they believe that the plaintiff's cause of action falls within one of these categories, rendering the contract unenforceable. It is crucial for defendants to consult with legal counsel to determine the validity of such defense and ensure compliance with all legal requirements.
