Smith v. Smith Case: Plaintiff and Defendant Arguments Analysis

This case study analyzes the arguments presented by the plaintiff (wife) and the defendant (husband) in the Smith v. Smith separation agreement. The core of the dispute revolves around a separation agreement where the wife was obligated to pay half of evaded taxes if the husband was required to pay. The plaintiff argues breach of contract due to the husband's actions, referencing Oregon's constitutional provisions on property rights. The defendant counters by claiming the wife waived financial disclosures and is bound by the agreement. The analysis considers the validity of the contract, the impact of independent legal counsel, and the application of relevant legal principles, including potential claims of negligent misrepresentation and the implications of waivers and releases within the agreement. The case highlights the importance of full financial disclosure and the enforceability of separation agreements in the context of marital property and tax liabilities.

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

ARGUMENTS AND DISCUSSION 3
obligations emerging out of the marriage and property acquisition in the course of their marriage
(Bix, 2016) .
The Domestic Relations Law acknowledges that the husband and the wife were
represented by independent counsel who enlighten them of their rights on how “to compel
further financial disclosure from the other and to further review the financial interests, both
personal and business, of the other”. They entered the agreements voluntarily (Pfander &
Damrau, 2016). Besides, the defendant can contend that the plaintiff was attacking the validity of
the contract since she had benefited from it already. In addition, the contract provided all the
waivers and the reliefs with the nine causes of action. Hence, the wife never depended on the
statements and representations that the husband would have made before entering the contract.
Other Consideration
Generally, both the defendant and the plaintiff in this case were represented by
independent counsels in their negotiation. The defendant was supposed to disclose all his assets
and thus were to be addressed by the contract. Besides, the waivers and the reliefs according to
law, confronts whether the plaintiff can claim negligent misrepresentation, breach of contract or
violation of separation agreement. The law should also recognize the freedom of the husband and
the wife to contract irrespective of the discretion of bargain completed when represented by
professional legislatures.

ARGUMENTS AND DISCUSSION 4
References
Bix, B. H. (2016). Marriage Agreements and Religion. U. Ill. L. Rev., 1665.
Landau, J. L. (2018). An Introduction to Oregon Constitutional Interpretation. Willamette L.
Rev., 55(261).
Pfander, J. E., & Damrau, E. K. (2016). A Non-Contentious Account of Article III's Domestic
Relations Exception. Notre Dame L. Rev., 92(117).
Sloan, B. (2019). Marital Agreements and Private Autonomy in a Comparative Perspective":
University of Cambridge, 26 and 27 June 2009.