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.
Maryland 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 Maryland, when a defendant in a civil lawsuit is served with a complaint, they have the right to file an answer to address the allegations made against them. In certain situations, the defendant can employ the affirmative defense that the cause of action presented by the plaintiff is barred by the appropriate statute of frauds. The statute of frauds is a legal doctrine that requires certain types of contracts to be in writing in order to be enforceable in court. Its main purpose is to prevent fraudulent claims based on oral agreements that are difficult to prove or establish. Maryland, like many other jurisdictions, has its own statute of frauds, which outlines the specific contracts that must be in writing to be considered legally binding. When a defendant asserts the affirmative defense of the statute of frauds, they are essentially arguing that the alleged contract, upon which the plaintiff's cause of action is based, fails to meet the requirements set forth by Maryland law. This defense aims to challenge the validity or enforceability of the contract due to its alleged non-compliance with the statute of frauds. In Maryland, the types of contracts typically subject to the statute of frauds include, but are not limited to: 1. Contracts for the sale of real property: Any agreement involving the transfer of real estate, such as a purchase or sale contract, lease longer than one year, or mortgage, must be in writing to be enforceable. 2. Contracts for the sale of goods over a certain value: Under the Uniform Commercial Code (UCC), contracts for the sale of goods worth $500 or more must be in writing to be enforceable. The UCC governs commercial transactions and is applicable in Maryland. 3. Promises to answer for the debt or duty of another: A contract where an individual agrees to be held responsible for the debt or obligation of another person, known as a surety ship or guaranty agreement, must be in writing to be enforceable. 4. Agreements that cannot be performed within one year: If the terms of a contract cannot be fully performed within a year from its formation, it must be in writing. 5. Agreements made in consideration of marriage: Prenuptial or post-nuptial agreements, which involve promises made in consideration of marriage, must be in writing in Maryland. 6. Contracts involving the transfer of copyrights or patents: Any contract related to the transfer of intellectual property rights, such as copyrights or patents, must be in writing. It is important to note that Maryland law may have specific requirements or exceptions to the statute of frauds, so consulting with a qualified attorney to ensure compliance with all legal obligations is crucial. In summary, in a Maryland civil lawsuit where the defendant raises the affirmative defense of the cause of action being barred by the appropriate statute of frauds, they are asserting that the alleged contract does not meet the requirements set forth by Maryland law. By doing so, the defendant aims to challenge the enforceability or validity of the contract and potentially seek dismissal of the plaintiff's claims.
