THE ARGUMENTS AND DISCUSSION

Running head: ARGUMENTS AND DISCUSSION
1
Arguments and Discussion
Student Name
Institutional Affiliation

ARGUMENTS AND DISCUSSION 2
Arguments and Discussion
Plaintiff
In this instance, the plaintiff had to sue the husband for a negligent of separation
agreement. Besides, it was in order for the wife to commence a plenary action with necessary
procedural mechanisms pursuant to terms of agreement. The article 1 and 10 of the Oregon
constitution holds that” The property and pecuniary rights of every married woman at the time of
marriage, or afterwards acquired by gift, devise, or inheritance, shall not be subject to the debts
or contracts of the husband; and laws shall be passed providing for the registration of the wife's
separate property.” (Landau, 2018). Hence, the wife was right to sue the husband because the
action committed by the husband which affected her separate property.
Prior to executing the agreement, both the parties were content with the contract and
found it equitable. Therefore, the plaintiff can claim for breach of contract due to the husband’s
violation of the contract agreement by incurring the debts or part of the debt in which the
husband may be liable and thus caused damages for liabilities such as penalties and fines as well
as tax deficiency. The plaintiff is therefore entitled to claim for breach if the intention is based on
the defendants lack of cooperation as supported by Article VII section 2 (Sloan, 2019).
Defendant
The defendant can dismiss the complaint based on the argument that the wife, cannot
claim concealment of assets or his lack of disclosure due to the fact that the wife upon entering
into the agreement waived all the financial discovery. In this agreement, there are various
renunciations and releases that are involved. The defendant is not liable for breach of contract
because pursuant to their agreement, they both settled financial obligations, rights and property