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.
In the state of Illinois, when a defendant is involved in a civil lawsuit and wants to raise an affirmative defense stating that the cause of action is barred by the appropriate Statute of Frauds, they must file an Illinois Answer. This document serves as a formal response to the plaintiff's allegations, specifically addressing the Statute of Frauds defense. Below, we'll delve into the elements of an Illinois Answer and discuss a few different types that can be used in this context. An Illinois Answer is a written response filed by the defendant in a civil lawsuit, generally through their attorney, to address the claims made by the plaintiff. When the defendant asserts the Statute of Frauds as an affirmative defense, they are essentially arguing that the contract or agreement, upon which the plaintiff's cause of action is based, fails to meet the requirements set forth by the Statute of Frauds. In an Illinois Answer, the defendant will begin by stating the jurisdiction in which the lawsuit is taking place, along with identifying information such as the case name, docket number, and court. The document will then outline the defendant's response to each allegation made by the plaintiff, including any specific defenses raised, such as the Statute of Frauds defense. The Illinois Answer will detail the reasons why the defendant believes the contract fails to meet the Statute of Frauds' requirements, such as lacking a written memorandum or lacking proper signatures. Different types of Illinois Answers that can be utilized to raise the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds include: 1. General Illinois Answer: This is the most common type of Illinois Answer, where the defendant responds to each allegation made by the plaintiff. When using the Statute of Frauds as a defense, the defendant will explain how the contract fails to satisfy the statutory requirements, emphasizing the lack of written evidence or necessary signatures. 2. Verified Illinois Answer: In some cases, the defendant may opt to go a step further and provide a verified answer, which means they swear under oath that the contents of the answer are true to the best of their knowledge. A verified Illinois Answer can add credibility to the defense, particularly when asserting the Statute of Frauds defense, as the defendant asserts that the contract does not meet the necessary criteria set by the law. 3. Special Illinois Answer: Occasionally, a defendant may raise multiple defenses in their response, including the Statute of Frauds defense. A special Illinois Answer is often used when the defendant desires to assert other defenses in addition to the Statute of Frauds defense, allowing for separate and specific responses to each allegation. In conclusion, an Illinois Answer is a crucial component of a defendant's response in a civil lawsuit. When raising the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds, the defendant's Illinois Answer must outline the reasons why the contract fails to meet the statutory requirements. An Illinois Answer can take different forms, including the general, verified, or special types, depending on the defendant's specific circumstances and desired defenses.In the state of Illinois, when a defendant is involved in a civil lawsuit and wants to raise an affirmative defense stating that the cause of action is barred by the appropriate Statute of Frauds, they must file an Illinois Answer. This document serves as a formal response to the plaintiff's allegations, specifically addressing the Statute of Frauds defense. Below, we'll delve into the elements of an Illinois Answer and discuss a few different types that can be used in this context. An Illinois Answer is a written response filed by the defendant in a civil lawsuit, generally through their attorney, to address the claims made by the plaintiff. When the defendant asserts the Statute of Frauds as an affirmative defense, they are essentially arguing that the contract or agreement, upon which the plaintiff's cause of action is based, fails to meet the requirements set forth by the Statute of Frauds. In an Illinois Answer, the defendant will begin by stating the jurisdiction in which the lawsuit is taking place, along with identifying information such as the case name, docket number, and court. The document will then outline the defendant's response to each allegation made by the plaintiff, including any specific defenses raised, such as the Statute of Frauds defense. The Illinois Answer will detail the reasons why the defendant believes the contract fails to meet the Statute of Frauds' requirements, such as lacking a written memorandum or lacking proper signatures. Different types of Illinois Answers that can be utilized to raise the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds include: 1. General Illinois Answer: This is the most common type of Illinois Answer, where the defendant responds to each allegation made by the plaintiff. When using the Statute of Frauds as a defense, the defendant will explain how the contract fails to satisfy the statutory requirements, emphasizing the lack of written evidence or necessary signatures. 2. Verified Illinois Answer: In some cases, the defendant may opt to go a step further and provide a verified answer, which means they swear under oath that the contents of the answer are true to the best of their knowledge. A verified Illinois Answer can add credibility to the defense, particularly when asserting the Statute of Frauds defense, as the defendant asserts that the contract does not meet the necessary criteria set by the law. 3. Special Illinois Answer: Occasionally, a defendant may raise multiple defenses in their response, including the Statute of Frauds defense. A special Illinois Answer is often used when the defendant desires to assert other defenses in addition to the Statute of Frauds defense, allowing for separate and specific responses to each allegation. In conclusion, an Illinois Answer is a crucial component of a defendant's response in a civil lawsuit. When raising the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds, the defendant's Illinois Answer must outline the reasons why the contract fails to meet the statutory requirements. An Illinois Answer can take different forms, including the general, verified, or special types, depending on the defendant's specific circumstances and desired defenses.
