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 a civil lawsuit within the state of Virginia, the defendant may choose to assert the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds. This defense is employed when the defendant claims that the lawsuit is invalid because the agreement or contract in question falls within the scope of the Statute of Frauds, rendering it unenforceable. The Virginia Statute of Frauds is governed by the Virginia Code, specifically in section 11-2, which outlines certain types of contracts that must be in writing to be enforceable. These contracts include but are not limited to agreements related to the sale of land or real property, contracts enduring beyond a year, promises to answer for the debts of another, and contracts for the sale of goods over a certain monetary value. When filing an Answer to a civil lawsuit in Virginia, the defendant asserting the affirmative defense of the Cause of Action being barred by the Statute of Frauds must carefully construct their response. Keywords that could be incorporated within the Answer to highlight the defense may include: 1. Statute of Frauds: Clearly state the affirmative defense being raised, acknowledging the application of the Statute of Frauds within Virginia law. 2. Affirmative defense: Emphasize that this defense is being raised to counter the plaintiff's cause of action. 3. Cause of Action: Address the specific claims made by the plaintiff and how they are subject to the Statute of Frauds. 4. Appropriate Statute of Frauds: Specify the relevant statute and section of the Virginia Code that the defense is based upon. 5. Enforceability: Argue that the contract or agreement in question does not meet the specific requirements outlined in the Statute of Frauds, making it unenforceable. 6. Lack of Writing: If applicable, stress that the agreement has not been reduced to writing or fails to meet the necessary criteria for written contracts as outlined in the statute. 7. Exceptions: Address any potential exceptions to the Statute of Frauds that may apply to the case, if applicable. 8. Legal Authority: Cite precedents or case law that support the application of the Statute of Frauds to the current situation. It is important to note that while the overall structure of a Virginia Answer asserting the affirmative defense of the Statute of Frauds remains consistent, the specific language and arguments used may vary depending on the unique circumstances of each case.In a civil lawsuit within the state of Virginia, the defendant may choose to assert the affirmative defense of the cause of action being barred by the appropriate Statute of Frauds. This defense is employed when the defendant claims that the lawsuit is invalid because the agreement or contract in question falls within the scope of the Statute of Frauds, rendering it unenforceable. The Virginia Statute of Frauds is governed by the Virginia Code, specifically in section 11-2, which outlines certain types of contracts that must be in writing to be enforceable. These contracts include but are not limited to agreements related to the sale of land or real property, contracts enduring beyond a year, promises to answer for the debts of another, and contracts for the sale of goods over a certain monetary value. When filing an Answer to a civil lawsuit in Virginia, the defendant asserting the affirmative defense of the Cause of Action being barred by the Statute of Frauds must carefully construct their response. Keywords that could be incorporated within the Answer to highlight the defense may include: 1. Statute of Frauds: Clearly state the affirmative defense being raised, acknowledging the application of the Statute of Frauds within Virginia law. 2. Affirmative defense: Emphasize that this defense is being raised to counter the plaintiff's cause of action. 3. Cause of Action: Address the specific claims made by the plaintiff and how they are subject to the Statute of Frauds. 4. Appropriate Statute of Frauds: Specify the relevant statute and section of the Virginia Code that the defense is based upon. 5. Enforceability: Argue that the contract or agreement in question does not meet the specific requirements outlined in the Statute of Frauds, making it unenforceable. 6. Lack of Writing: If applicable, stress that the agreement has not been reduced to writing or fails to meet the necessary criteria for written contracts as outlined in the statute. 7. Exceptions: Address any potential exceptions to the Statute of Frauds that may apply to the case, if applicable. 8. Legal Authority: Cite precedents or case law that support the application of the Statute of Frauds to the current situation. It is important to note that while the overall structure of a Virginia Answer asserting the affirmative defense of the Statute of Frauds remains consistent, the specific language and arguments used may vary depending on the unique circumstances of each case.
