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.
Title: Understanding North Carolina's Affirmative Defense of the Statute of Frauds in Civil Lawsuits Introduction: In North Carolina civil lawsuits, defendants may assert the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds. This legal defense is grounded on specific state laws that require certain types of contracts to be in writing. Types of North Carolina Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of the Cause of Action being Barred by the Appropriate Statute of Frauds: 1. Real Estate Contracts: In North Carolina, the Statute of Frauds requires that contracts involving the sale or transfer of real estate must be in writing to be enforceable. This applies to agreements for the sale, lease, or mortgage of land, real property, or any interest in real estate. 2. Contracts Over One Year: Another area covered by North Carolina's Statute of Frauds is contracts that cannot be performed within one year from the date of creation. If such an agreement is not reduced to writing, it may be deemed unenforceable as a defense against a lawsuit. 3. Promises to Pay Debt of Another: North Carolina requires certain guarantees or agreements to pay the debt of another person to be in writing. If a defendant can prove the absence of a written contract in a lawsuit alleging the enforcement of such a promise, they may assert the Statute of Frauds as a defense. 4. Agreements Made Upon Consideration of Marriage: Certain contracts that are made based on the exchange of valuable consideration due to the marriage of the parties are covered by the Statute of Frauds in North Carolina. To be enforceable, such agreements must generally be in writing. 5. Contracts for the Sale of Goods Over $500: In North Carolina, contracts for the sale of goods with a value exceeding $500 must generally be in writing to be enforceable. This provision helps protect parties from oral agreements that could be disputed later in court. 6. Agreements Regarding Executor/Administrator Obligations: The Statute of Frauds in North Carolina also encompasses agreements to assume the obligations and responsibilities of an executor or administrator regarding an estate. These commitments must typically be reduced to writing to be enforceable in a civil lawsuit. Conclusion: Understanding North Carolina's affirmative defense of the Statute of Frauds is essential when defending against a civil lawsuit. Defendants can assert this defense if the cause of action is barred by applicable laws requiring certain contracts to be in writing. By recognizing the various types of contracts covered by the Statute of Frauds, defendants can effectively protect their rights and interests in court.
