Thread: more on implied contracts

Gee, well, last time I posted a whole long blurb on implied contracts,

and no one seemed to be interested.



Odd, that, since every time you sign your name there is an implied

contract looming somewhere....



Remember these words:



"Without Prejudice"



And note, that UCC 1-207, has now been changed to UCC 1-308. However, you don't need to

remember that, as long as you remember the words: Without Prejudice. These words

will protect your Constitutional Rights whenever an implied contract is in question.





Contracts



The Uniform Commercial Code (UCC) recognizes that it is possible for anyone of us to be commercially coerced into signing a contract that we would not sign had we true free agency. The UCC provides that if we sign a contract under such adverse conditions, and if we do so “without prejudice” or “under protest,” then we preserve all our rights.



§ 1-308. Performance or Acceptance Under Reservation of Rights.



(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.



If it is necessary to assert your rights in court, when the point is raised, here is a suggested testimony to offer when explaining what you meant when you claimed “without prejudice”:



“It indicates I have exercised the remedy provided for me in the Uniform Commercial Code by which I might reserve the Common Law Right not to be compelled to perform under any contract that I have not entered knowingly, voluntarily, and intentionally. And furthermore, that notifies all administrative agencies of government that I do not accept the liability associated with the compelled benefits of any unrevealed commercial agreement.”



The Uniform Commercial Code is Admiralty Law, which has come on shore. The “without prejudice” clause is the window which enables one to assert their 7th Amendment guarantee of access to the Common Law.



Some people are putting the words, “without prejudice” on everything they sign, above their signature. E.g. they are putting it on applications for driver's license, tax returns, voter registration, bank checks, gun purchases, marriage licenses, etc.



Anderson's UCC annotated part: can only reserve those rights which you have. Explicit about your domicile/citizenship (capitalize Citizenship), a Citizen of the republic not a citizen of the government (see Fourteenth Amendment).



This then is the only way in which you can assert ("reserve") your Rights as you are being coerced into these contracts with the various levels of government.



Remember: an implied contract is as easy as riding the bus, or the commuter train.



Every time you sign your name to a traffic ticket, it's an implied contract.



When you sign your IRS-1040, that's an implied contract too.



There are lots of these implied contracts floating around!



Know your Rights!

Article III, section 2 of the US Constitution defines the kinds of judicial power the courts have:



common law

equity

admiralty

maritime



At the common law - a crime exists only when there is a victim with actual damages like a broken arm.



In equity - otherwise known as civil law a private contract is or agreement is involved. For an action to be brought there must be a breach of contract and damages.



Maritime - or commercial contract law originates in the rules of trade upon the high seas between international merchants and is enforced by military organizations.



Admiralty - is armed enforcement of the laws of commerce(the law merchant)







All birth certificates, licenses, registrations, insurances, bank accounts, permits, titles, deeds, etc. are commercial contracts created under the UCC - (Uniform Commercial Code) and this is where the confusion begins. Most people do not know that commercial law cannot regulate private dealings between civilians much less where to draw the line.





Where does one draw the line?



The Uniform Commercial Code



The Uniform Commercial Code was adopted by all states in 1964 making it the supreme law of the land. Take a look in the first part of every Federal and State code books and you will the find the Uniform Commercial Code consistent throughout.



UCC 1-103.6 defines how contract law must be in compliance with the rules of the common law providing there is made a knowing reservation of common law rights.



"The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law." (UCC 1-103.6)





Are you catching on, to how important this is?





"The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel." (UCC 1-207.7)



It is important to remember when we go into a court, that we are in a commercial, international jurisdiction. If we go into court and say. "I DEMAND MY CONSTITUTIONAL RIGHTS!", the judge will most likely say, "You mention the Constitution again, and I'll find you in contempt of court!" Then we don't understand how he can do that. Hasn't he sworn to uphold the Constitution? The rule here is: you cannot be charged under one jurisdiction and defend yourself under another jurisdiction. For example, if the French government came to you and asked where you filed your French income tax of a certain year, do you go to the French government and say "I demand my Constitutional Rights?" No. The proper answer is: "THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN." You must make your reservation of rights under the jurisdiction in which you are charged, not under some other jurisdiction. So in a UCC court, you must claim your Reservation of Rights under UCC 1-308.







UCC 1-308 goes on to say...





"When a waivable right or claim is involved, the failure to make a reservation thereof, causes a loss of the right, and bars its assertion at a later date." (UCC 1-308.9)





You have to make your claim known early. Further, it says:



"The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as "without prejudice". (UCC 1-308.4)



Whenever you sign any legal paper that deals with Federal Reserve Notes, write under your signature: "Without Prejudice (UCC 1-308.4)." This reserves your rights. You can show, at UCC 1-207.4, that you have sufficiently reserved your rights.







It is very important to understand just what this means. For example, one man who used this in regard to a traffic ticket was asked by the judge just what he meant by writing "without prejudice UCC 1-308" on his statement to the court? He had not tried to understand the concepts involved. He only wanted to use it to get out of the ticket. He did not know what it meant. When the judge asked him what he meant by signing in that way, he told the judge he was not prejudice against anyone... The judge knew that the man had no idea what it meant, and he lost the case. You must know what it means!



Without Prejudice UCC 1-308



When you use "without prejudice" in connection with your signature, you are saying, "I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.”



UCC 1-308. Performance or acceptance under Reservation of Rights.



A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "WITHOUT PREJUDICE”,” UNDER PROTEST" or the like are sufficient.





Like this:



“WITHOUT PREJUDICE”

First-Middle:Last





Your autograph is among your most valuable assets. It is not a good idea to autograph a contract without reserving your rights. If you must carry a driver's license you should get a new one with a reservation of rights above your autograph on the license itself. As a matter of fact it is wisest to reserve your rights in any agreement, just in case there is some small print that suggests waiver of your God given freedom.

By the way, I have a whole collection of cites on this issue, if anyone's interested -



Everything from tax cases to bankruptcy court, and all points between.



Pros and cons, too -



BEWARE of those who will tell you that this is all BS and meaningless -



I have spoken with three lawyers about this already, and I can assure you it's very real.



And, you don't have to be a radical, or even sign your name "Without Prejudice", to know

what it's all about, and what it means.

Hey - remember yesterday, we were talking about "why do corporations have rights"?



Well, here's a PART of the answer:



All contracts are either common law contracts or statutory contracts. The two are similar, but different. ALL statutory contracts conform to the UCC in the United States. The UCC defines person as:



(27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.



http://www.law.cornell.edu/ucc/1/article1.htm#s1-201



Here's why this is important:



The courts must interpret the law in situations in which there is a conflict of Rights.



The way things should be, according to the Constitution, is that only a Natural Person has Rights.



Here you can clearly see, that the UCC paints a very different picture from the Constitution.



NOTE::: UCC-103 referenced above, states that the UCC takes precedence over the

Constitution of the United States!



Know and protect your Rights!