Arguments and Discussions About Various Issues on Negligence (Case Study Sample)
Various issues on negligencesource..
Arguments and Discussion
Arguments and Discussion
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.” CITATION Lan18 \l 1033 (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 CITATION Slo19 \l 1033 (Sloan, 2019).
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 obligations emerging out of the marriage and property acquisition in the course of their marriage CITATION Bix16 \l 1033 (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 CITATION Pfa16 \l 1033 (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 representa
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