The following terms apply to all kinds of contracts from a parking fine to a mortgage.
The rules of contract also apply to the so called Court’s that are operating commercially often under UCC (Universal Commercial Code) Maritime Admiralty and or Civil Jurisdiction. To keep things simple, all so called Magistrates Courts are actually just Administrative Hearings and as such they have no authority, power or jurisdiction to give us ‘orders’ or send us to jail unless we give joinder and consent.
Fundamental Rules of Contract
1. Parties competent to contract
The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness, or dissimilarity of kind. The parties should be of the same kind, being either legal fiction actors, or living men/women, allowing more than two parties but never a mixture of these kinds and their respective jurisdictions.
2. Free and genuine consent
The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or legally/lawfully enforceable.
3. Full disclosure
When negotiating a contract, full disclosure is the step of providing all material information, or telling the “whole truth”, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. If either party fails to make full disclosure, the contract is null and void.
It is at this stage that the parties should agree on what dictionary, grammar guide and styles manual is being used.
4. Valuable consideration
The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have valuable consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement.
In the case of parking tickets, consideration comes by way of a discount if paid within 14 days.
5. Certainty of terms
The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed. Any subsequent variation of terms must be agreed.
6. Meeting of the minds
A meeting of the minds “consensus ad idem”, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. A meeting of the minds occurs between living men/women in lawful matters (Common Law jurisdiction), and between legal fiction actors in legal matters (Admiralty Maritime jurisdiction). A contract must be either Lawful or Legal. If one party to a contract makes a “signature” as an “accommodation party” to a legal fiction person, while the other party makes an “autograph” for a living man/woman, the parties are of unequal kinds, and the contract is null and void.
7. Autographs or Signatures
Lawful written contracts between living men/women must carry the wet ink autographs of the parties, comprising living identification such as a thumbprint, but more often living standing is recognised by an unambiguous declaration with the handwritten wet ink autograph, including the prefix “By:”, and/or the words “All Rights Reserved”, “Without Prejudice” usually written below.
Legal written contracts between legal fiction actors must carry the wet ink signatures of the parties, each thereby becoming an accommodation party, having waived the natural rights of a living man/woman to obtain the artificial rights of a legal fiction person in the matter of the contract.
8. Privity of contract
A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.
If any of the above parts of a contract is missing, the contract is null and void.
Null and Void Contracts
EVERY document bearing your wet ink signature/autograph is a contract instrument.
If you are “acting” in joinder to a dead legal person, it is a “legal” Admiralty Maritime contract, with a “signature”, made in your “public capacity”.
If you are “doing” as a living man or woman, it is a “lawful” Common Law contract, with your “autograph”, made in your “private capacity”.
Any contract signed by one party and autographed by the other is void, because a legal fiction cannot mix with a lawful fact. The parties to a contract must be of the same kind.
For a contract to be lawfully binding it should be autographed by all parties and witnessed, any thing less is a mere legal agreement a handshake.
Though dead corporations have no hands to shake!
Maxim of Law:
Disparata non debent jungi.
Unequal things ought not to be joined.
NO written contract is enforceable if it is made without any element of a lawful contract:
1. Parties competent, of the age of consent, contract between legal or lawful entities.
2. Free and genuine consent, not obtained by fraud, deceit, coercion, or mistake.
3. Full disclosure, providing all material information that may influence a decision.
4. Sufficient consideration, something of value exchanged between the parties.
5. Certainty of terms and conditions, fixed and unable to be changed without agreement.
6. Meeting of the minds, when the parties recognise and understand their obligations.
7. Signatures or autographs, in wet ink, as recorded evidence of reciprocal consent.
Maxim of Law:
Non videntur qui errant consentire.
He who errs is not considered as consenting.
Contract Case Law:
“Failure to reveal the material facts of a license or any agreement is immediate grounds for estoppel.” Lo Bue v. Porazzo, 48 Cal.App.2d 82, 119, p.2d 346, 348.
“Waivers of fundamental Rights must be knowing, intentional, and voluntary acts, done with sufficient awareness of the relevant circumstances and likely consequences.” U.S. v. Brady, 397 U.S. 742 at 748 (1970); U.S.v. O’Dell, 160 F.2d 304 (6th Cir. 1947)”.
Unconscionable “contract” – “One which no sensible man not under delusion, or duress, or in distress would make, and such as no honest and fair man would accept.” Franklin Fire Ins. Co. v. Noll, 115 Ind. App. 289, 58 N.E.2d 947, 949, 950.
“Party cannot be bound by contract that he has not made or authorized.” Alexander v. Bosworth (1915), 26 C.A. 589, 599, 147 P.607.
The fraudulently “presumed” quasi-contractus that binds the Declarant with the CITY/STATE agency, is void for fraud ab initio, since the de facto CITY/STATE cannot produce the material fact (consideration inducement) or the jurisdictional clause (who is subject to said statute). (SEE: Master / Servant [Employee] Relationship — C.J.S.) — “Personal, Private, Liberty”-
Since the “consideration” is the “life blood” of any agreement or quasi-agreement, (contractus) “…the absence of such from the record is a major manifestation of want of jurisdiction, since without evidence of consideration there can be no presumption of even a quasi-contractus. Such is the importance of a “consideration.” Reading R.R. Co. v. Johnson, 7 W & S (Pa.) 317
Case Law excerpts from – ‘NO law requires you to record / pledge your private automobile’
Maxim of Law:
Nihil tam naturale est quam eo genere quidque dissolvere quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensu dissolvitur. Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is dissolved by the contrary consent.
Signature, Sign of Nature, Sin or Sine Wave….
Remember legally ‘you’ are dead and have no life therefore cannot scribe your Autograph, hence why when ‘signing’ let’s say a bank loan agreement the banks agent will sign it for you by placing an ‘X’ (cross) [in a box] !
Did you really think they put the x there so you can see where to ‘sign’!
Moreover when you believe you are voting they have you place an X [in a box] then place it in another [box]. Only dead legal idiot’s xxx cross out xxx
Use the Autograph
Only we can reserve our natural rights.
Our Living Jurisdiction is declared in our written and spoken words. If we fail to declare our private Living Jurisdiction in the Common Law – the National Law of the Land, the public “legal person actors” will invariably make the “presumption” that we are “acting” as an “accommodation party” in “joinder” to a dead artificial legal “person” NAME, in the Admiralty Maritime Jurisdiction – the International Law of the Sea.
Any registered NAME created by joining a Given appellation (“Given name”) and a Family name, often prefixed with a fictional title such as “Mr/Mrs/Miss” etc., always forms an artificial legal “person”, i.e. MR JOHN DOE, and John Doe, are both dead artificial legal “persons”
The NAME can be described as a “person”, “legal person”, “legal personality”, “artificial person”, “legal fiction”, “ens legis”, “company”, “trade-name”, “vessel in commerce”, “transmitting utility”, “creature of the law”, “Ward of the State”, “employee of the State”, “public servant”, “Estate trust”, “Foreign Situs Trust”, “Cestui Que Vie Estate Trust”, “deceased Estate”, “decedent”, “corporation”, “corpse”, “franchise”, “bankrupt”, “surety”, “accommodation party”, “debtor”, or “debt ledger”. All legally generated fictions are debtors by default, because they are created without any inherent productive capacity.
On any document, to avoid the presumption of “joinder” to one of those dead fictional things, it is at least necessary to use proper grammar, and ideally reserve all your rights. For example: By: John: of the family Doe. All Rights Reserved.
On commercial paper, to avoid the presumption of “joinder” to one of those dead fictional things, bearing liability, it is necessary to separate yourself from the fictional entity by making an unambiguous declaration of your living standing as, for example, the “authorised agent”. This invokes the Common Law of Agency, in which the general rule is that the agent is not liable for the fictional entity/principal, if he/she makes it clear that he/she is the agent. For example: By: John: of the family Doe. Authorised Agent for MR JOHN DOE.
Importantly, a living man or woman is not evidenced by a “signature”. Section 3-401 of the Uniform Commercial Code (UCC), states that a signature can be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including any trade or assumed name, or by any word, mark, or symbol executed or adopted by a “person”. Thus, it is any mark of a corporation.
A “signature” is a “sign” that merely suggests the existence of something else not actually there – it is not evidence of substance and living capacity. Someone who makes a “signature” is an “accommodation party” in “joinder” to an artificial legal “person” NAME, with Dead Status, serving as surety for the corporate national debt in the Admiralty Maritime Jurisdiction – the International Law of the Sea.
Whereas an “autograph” is a graphic from your living hand as a sentient, flesh and blood man or woman – it provides evidence of substance and living capacity, which is why a thumbprint is the ultimate “autograph” for a living man or woman. Someone who makes an “autograph” declares that they are a sovereign man or woman, with Living Standing, in the Common Law Jurisdiction – the National Law of the Land.
Since you are born a sovereign in your own right without a master, you decide how best to make your autograph in any given situation.
Autograph ink is red (life), blue (sea), or purple (royal). Black ink indicates debt and death. For handwritten autographs, the declaration of Living Standing is more important than the color of the ink, however a thumbprint autograph is always in red ink denoting your lifeblood.
The declaration of Living Standing beneath an autograph can be handwritten, typed, or rubber stamped, and can refer to the Universal Commercial Code (UCC).
Including a reference to the UCC is important if you are autographing paperwork that may later go into a commercial court, because you are citing to the Judge the relevant UCC remedy/recourse for a man or woman in the court’s Admiralty Maritime Jurisdiction – the International Law of the Sea, whereas you wish to retain your standing as a living man or woman in the Common Law Jurisdiction – the National Law of the Land. (They will not admit the jurisdictional difference between an artificial “legal person” and a living “man” or “woman”, because that would disclose that they are deceptively administering the international bankruptcy of your YOURNATION.INC., for which the artificial “legal person” is “surety”.)
Write/print/stamp under your autograph: WITHOUT PREJUDICE pursuant to UCC 1-308
When you use “Without Prejudice UCC 1-308” in connection with your autograph, you are saying: “I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy, that I did not enter knowingly, voluntarily and intentionally. And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy.”
Universal Commercial Code, Article 1, Sub-Section 1-308:
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.
UCC 1-308 (old 1-207) also states:
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 1-308 (old 1-207).7)
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 (old 1-207).9)
The Sufficiency of the Reservation – Any expression indicating an intention to reserve rights, is sufficient, such as “WITHOUT PREJUDICE.” (UCC 1-308 (old 1-207).4)
It is always best to reserve your rights in advance.