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 New Mexico's Affirmative Defense: Cause of Action Barred by the Statute of Frauds Introduction: When faced with a civil lawsuit in New Mexico, defendants may assert the affirmative defense that the cause of action is barred by the appropriate statute of frauds. This defense can protect defendants from unwarranted claims and establish that certain agreements must be in writing to be enforceable. In this article, we will delve into the details of New Mexico's affirmative defense, exploring its application, types, and relevant keywords. I. Overview of New Mexico's Statute of Frauds: New Mexico, like many other states, has a statute of frauds, which is a legal doctrine that requires certain contracts to be in writing to be enforceable. The purpose of this statute is to prevent fraudulent claims by ensuring that important agreements are documented to avoid misunderstandings or fabrication. II. The Affirmative Defense of course of Action being Barred by the Appropriate Statute of Frauds: When raising the affirmative defense of the cause of action being barred by the statute of frauds, defendants argue that the plaintiff's claim is based on an oral agreement or a contract lacking proper documentation, rendering it unenforceable in court. Defendants should clearly outline the reasons why the statute of frauds applies to the case and request dismissal of the plaintiff's claims. III. Types of Affirmative Defenses in New Mexico: 1. Contracts for the Sale of Real Estate: The New Mexico statute of frauds specifically requires contracts involving the sale of real estate to be in writing. If the plaintiff's claim relates to an alleged agreement regarding real estate that lacks written documentation, the defendant can assert this defense. 2. Agreements That Cannot be Performed Within One Year: Another provision in New Mexico's statute of frauds requires contracts that cannot be performed within one year from the date of creation to be in writing. Defendants can raise this defense if the plaintiff's claim falls within this category. 3. Promises to Pay the Debt of Another: New Mexico's statute of frauds also applies to agreements where one party promises to pay the debt or obligation owed by another. If the plaintiff's claim involves such an agreement without proper written evidence, this defense can be raised. 4. Contracts for the Sale of Goods Over $500: The Uniform Commercial Code (UCC) adopted by New Mexico extends the statute of frauds to contracts involving the sale of goods valuing $500 or more. If the plaintiff's claim relates to such a contract lacking written evidence, this defense becomes relevant. IV. Relevant Keywords: 1. Affirmative Defense 2. Cause of Action 3. Barred 4. Statute of Frauds 5. New Mexico 6. Civil Lawsuit 7. Defendant 8. Enforceable Contracts 9. Oral Agreement 10. Written Documentation 11. Real Estate Contracts 12. Performance Timeline 13. Promises to Pay Others' Debt 14. Uniform Commercial Code (UCC) 15. Sale of Goods Contracts Conclusion: Understanding the affirmative defense of the cause of action being barred by the appropriate statute of frauds in New Mexico is crucial for defendants involved in civil lawsuits. The various types of this defense focus on different aspects of contractual agreements, emphasizing the need for written evidence to hold parties accountable for their commitments. By leveraging these defenses, defendants can protect their rights and potentially dismiss claims that lack the necessary documentation required by New Mexico law.Title: Understanding New Mexico's Affirmative Defense: Cause of Action Barred by the Statute of Frauds Introduction: When faced with a civil lawsuit in New Mexico, defendants may assert the affirmative defense that the cause of action is barred by the appropriate statute of frauds. This defense can protect defendants from unwarranted claims and establish that certain agreements must be in writing to be enforceable. In this article, we will delve into the details of New Mexico's affirmative defense, exploring its application, types, and relevant keywords. I. Overview of New Mexico's Statute of Frauds: New Mexico, like many other states, has a statute of frauds, which is a legal doctrine that requires certain contracts to be in writing to be enforceable. The purpose of this statute is to prevent fraudulent claims by ensuring that important agreements are documented to avoid misunderstandings or fabrication. II. The Affirmative Defense of course of Action being Barred by the Appropriate Statute of Frauds: When raising the affirmative defense of the cause of action being barred by the statute of frauds, defendants argue that the plaintiff's claim is based on an oral agreement or a contract lacking proper documentation, rendering it unenforceable in court. Defendants should clearly outline the reasons why the statute of frauds applies to the case and request dismissal of the plaintiff's claims. III. Types of Affirmative Defenses in New Mexico: 1. Contracts for the Sale of Real Estate: The New Mexico statute of frauds specifically requires contracts involving the sale of real estate to be in writing. If the plaintiff's claim relates to an alleged agreement regarding real estate that lacks written documentation, the defendant can assert this defense. 2. Agreements That Cannot be Performed Within One Year: Another provision in New Mexico's statute of frauds requires contracts that cannot be performed within one year from the date of creation to be in writing. Defendants can raise this defense if the plaintiff's claim falls within this category. 3. Promises to Pay the Debt of Another: New Mexico's statute of frauds also applies to agreements where one party promises to pay the debt or obligation owed by another. If the plaintiff's claim involves such an agreement without proper written evidence, this defense can be raised. 4. Contracts for the Sale of Goods Over $500: The Uniform Commercial Code (UCC) adopted by New Mexico extends the statute of frauds to contracts involving the sale of goods valuing $500 or more. If the plaintiff's claim relates to such a contract lacking written evidence, this defense becomes relevant. IV. Relevant Keywords: 1. Affirmative Defense 2. Cause of Action 3. Barred 4. Statute of Frauds 5. New Mexico 6. Civil Lawsuit 7. Defendant 8. Enforceable Contracts 9. Oral Agreement 10. Written Documentation 11. Real Estate Contracts 12. Performance Timeline 13. Promises to Pay Others' Debt 14. Uniform Commercial Code (UCC) 15. Sale of Goods Contracts Conclusion: Understanding the affirmative defense of the cause of action being barred by the appropriate statute of frauds in New Mexico is crucial for defendants involved in civil lawsuits. The various types of this defense focus on different aspects of contractual agreements, emphasizing the need for written evidence to hold parties accountable for their commitments. By leveraging these defenses, defendants can protect their rights and potentially dismiss claims that lack the necessary documentation required by New Mexico law.
