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: Rhode Island Defendant's Response in a Civil Lawsuit Asserting the Affirmative Defense of Statute of Frauds Introduction: In Rhode Island civil litigation, defendants may raise the affirmative defense of the Cause of Action being Barred by the Appropriate Statute of Frauds. This defense aims to protect individuals from being bound by certain types of agreements that have not been properly memorialized in a written contract. By invoking this defense, defendants challenge the legal validity of a claim, emphasizing the lack of a written agreement that adheres to the requirements outlined in the Rhode Island Statute of Frauds. Keywords: Rhode Island, defendant, civil lawsuit, affirmative defense, cause of action, barred, statute of frauds Types of Rhode Island Defendants' Responses: 1. Oral Agreement: Defendants argue that the alleged cause of action is barred by the Statute of Frauds based on the absence of a written agreement. The Rhode Island Statute of Frauds requires certain contracts, such as those concerning the sale of land, to be in writing to be enforceable. Defendants contend that any oral agreement alleged by the plaintiff is insufficient and unenforceable under the statute. 2. Contract Not in Writing: Defendants may assert that the cause of action falls within a category covered by the Rhode Island Statute of Frauds, which stipulates that certain contracts must be in writing to be enforceable. They argue that non-compliance with this requirement renders the alleged agreement unenforceable against them. 3. Lack of Essential Terms: Should the defendant claim that the alleged agreement lacks essential terms, they may argue that the absence of a written contract is fatal to the plaintiff's claim. Defendants assert that the Statute of Frauds mandates that all essential terms, such as price, quantity, parties involved, and subject, be included in a written contract to be enforceable. 4. Agreement Not Signed: Defendants may contend that an unsigned or unexecuted written contract is insufficient under the Rhode Island Statute of Frauds. They emphasize that the statute typically requires the contract to be signed by the party against whom enforcement is sought, and in its absence, the cause of action is barred. Conclusion: Defendants in civil lawsuits in Rhode Island can assert the affirmative defense of the Cause of Action being Barred by the Appropriate Statute of Frauds. By raising this defense, defendants challenge the enforceability of the plaintiff's claim, arguing that it fails to fulfill the necessary requirements outlined in the Rhode Island Statute of Frauds. Proving the defendant's case rests on demonstrating that the agreement falls within the statute's scope and that it lacks the necessary written documentation.
