The Parts of a 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.
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.
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.
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.
Rebut the Presumption
The presumption of “joinder” to the “artificial person” NAME causes living men and women to unwittingly become the “surety” for the corporate debt of YOURNATION (INC.) in a global system of debt-money bondage.
All legal person actors operate on assumptions and presumptions, whether they are serving an incorporated government, a known corporation, or an “administrative court”. When presenting claims (presentments) in commerce, face-to-face or by post, they make the “presumption” that you are “acting” in “joinder” to the “artificial person” NAME. Jurisdiction is attached to the NAME, so when you rebut the presumption they have no jurisdiction and cannot proceed. Any further action is fraudulent.
Presumption n. a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption. Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights. A presumption is rebuttable in that it can be refuted by factual evidence. One can present facts to persuade the judge that the presumption is not true.
To rebut the presumption it is only necessary to verify the facts.
When a legal person actor presents an alleged claim by post, you should respond within three (3) working days, following a legal/lawful written process of “conditional acceptance” upon verification of the alleged claim.
Living “in the private” can be challenging, because regardless of your efforts to assert your living “standing”, the artificial legal “person” NAME will continue to receive demands for “payment”, or “presentments”, until the perpetrators tire of the game. As a result, you may find that you are living in a near constant state of stress and dispute, wasting much of your time and energy.
We often fall into dispute because we are conditioned to be defensive. This gives credibility to a false claim and places you in dishonour. The “administrative courts” are adversarial, depending on argument to function, and being in dishonour is guilt. Whereas acceptance of the truth, and seeking the truth, is honourable. A judge who is honourable looks for evidence of the truth, so can you. When you “require” “verification”, you shift the burden of proof to the “claimant” where it belongs: “I am happy to accept any lawful obligation when you verify what you say is true. Go ahead, show me your evidence.”
All presentments to the artificial legal “person” NAME are offers of contract.
Presentments from incorporated governments/corporations are addressed to the artificial legal “person” NAME, so they NEED a living man or woman to step into that “role” to take responsibility for the liabilities attached to the NAME. Presentments from incorporated governments/corporations NEED a man or woman to CONSENT to “act” in “joinder” to an artificial legal “person” NAME, forming a CONTRACT.
When you REQUIRE the CLAIMANT to VERIFY their claim, a false claim will be exposed if there is no contract signed by both parties; if no man or woman can step forward as the claimant; if there is no invoice/bill signed by that man/woman; and if there is no evidence of a loss in the accounting. “Who is the claimant?” “Who is the injured party?” “We will happily settle the account when the claimant steps forward to sign the bill.” Pirates on the sea of commerce hide within corporate vessels to avoid liability, so always “require” the claimant to come forward.
Alleged claims can be responded to with notices of “conditional acceptance”, which simply accept the claim upon verification, failing which the claimant incurs liability. This is a lawful process.
Summary of your response:
To rebut any false claim (debt, ticket, summons, etc.), staying in honour and accessing your Common Law “court of record” for the people:
1/ Immediately give notice that you will pay any debt/remedy any harm to a wo/man upon verification of that debt/harm within x days.
2/ If there is no verified claim from a wo/man within x days, you make a claim against the wo/man who brought the false claim.
Do NOT use legalese (motion, plaintiff, defendant, dismiss, plea, guilty, not guilty, etc.), because that transfers you into their jurisdiction.
When a legal person actor presents an alleged claim face-to-face, it is important to remain calm, polite, and reasonable, because legal person actors, especially those who are your public servants, are routinely trained to expect submission and compliance.
Here are some examples of rebuttal verbiage following a process of identification, verification, and declaration. Such a complete process is seldom necessary. These steps may be used in part as appropriate:
1/ Identify with whom you deal
“Who are you?” Get their full name, job title, public ID details, and their full address for registered/signature required mail. If a court is involved, get their insurance bond number with which you can potentially make a claim for damages. You have the right to make a video, a voice recording, or take notes.
2/ Confirm whom they seek
“Who is the claim against?” Unless they are seeking a living man or woman for an alleged crime against a potential or actual injured party, there is no valid claim. Remember that as a man or woman in your living private capacity, you are not a dead legal fiction NAME, nor should you answer to such a thing.
3/ Verify the injured party
“Who is the injured party?” There can be no valid claim against you as a living man or woman unless another living man or woman has been injured (harmed) by you and is willing to come forward to verify their claim against you, under penalty of perjury, accepting their full commercial liability. Who are they? Where are they? What is their injury?
4/ Decline their contract offer
“I don’t consent to your contract offer.” Every claim presented by a legal person actor to a living man or woman is an offer of contract into legal fiction commerce through “joinder” to the legal fiction NAME.
5/ Declare your living standing
“For and on the record, I am a living man/woman, and that is my only capacity in this matter. I reserve all my rights waiving none, including my right to remain silent, without prejudice.” This declares your living standing, avoids the presumption of consent by silent acquiescence, and prevents anything from you, written or verbal, from being used against you in court.
6/ Invoke their Oath of Office
“I accept your Oath of Office and bind you to it. I remind you of your fiduciary duty, and I extend to you my sovereign immunity while you carry out my orders.” (Now politely issue whatever orders provide a remedy.) This is for your Public Servant Trustees, including any Officer of the Law, whether on the highway or in the courtroom, when they are breaching their fiduciary duty by causing you harm. This is especially powerful when directed at a Judge.
7/ Serve a Notice
“For and on the record, I, a living man/woman, hereby serve Notice that if you do not now provide me with ‘articulable probable cause’ that I am a party to a crime against a potential or actual living victim, you agree that in fact you do not have standing in this matter, and that you are liable in your private capacity, under penalty of perjury, accepting your full commercial liability, for any false claims made against me, and any resulting damages, whatsoever.” You may wish to have such a Notice handy in a notebook, to read, or you may wish to physically serve a printed Notice, perhaps on a card.
Here are some additional strategies and notes:
Stop their jurisdiction
“Can you show me the evidence of your jurisdiction over me, a private man/woman?” Also, you can say or write: “As the Director and Beneficiary of my legal person/corporation/trust, I give you 21 days to respond in writing providing proof of claim as to your legal or lawful jurisdiction over me, failing which you will become liable for any damages I may suffer.” A simple jurisdictional challenge swiftly removes the presumption of jurisdiction, which must now be legally/lawfully evidenced. If there is no contract, or no verified claim by an injured party, there is NO jurisdiction, end of story.
Where is the contract?
“Where is the contract in this matter?” If there is no contract signed by the parties, binding them to the terms of the contract, there is no commerce to transact, and no jurisdiction. Some legal actor is making a contract offer. This is a matter of form (legal fictions) in the Admiralty Maritime jurisdiction, the international Law of the Sea.
Who is the injured party?
“Who is the injured party with a claim against me, a man/woman?” If there is no injured party willing to come forward to verify their claim against you, under penalty of perjury, accepting their full commercial liability, there is no crime to investigate, and no jurisdiction. This is a matter of substance (lawful facts) in the Common Law jurisdiction, the national Law of the Land.
Discover the truth
“According to your Oath of Office, are you telling me the complete truth?” This is for Public Servants when they are making a false claim. Any non-disclosure/omission of the relevant facts will be intentional deceit and will make them liable for damages. Your evidence can include a video, a voice recording, and/or a first-hand witness.
Brief Traffic Stop
“Is this a criminal investigation?”
If the answer is “No” you have established that the officer is not serving as a “Peace Officer” investigating, with “articulable probable cause”, an alleged crime against a potential or actual living injured party. You can now say:
“I wish to leave. Am I free to go?”
If the answer is “No” you have established that the officer is attempting a “detention/seizure/arrest”, without “articulable probable cause”. If the “detention/seizure/arrest” continues, you can calmly repeat: “I wish to leave. Am I free to go?”
“I do not accept this offer to contract, and I do not consent to these proceedings.”
“I don’t consent to your contract offer and these proceedings. I waive the benefit/privilege, and I reserve all my rights without prejudice.”
Appoint a Trustee
“I, a man/woman, Holder in Right of the offices of Beneficiary and Executor, for the YOUR NAME TRUST, hereby appoint (their name) in his/her public capacity to the office of Trustee for said trust to make full settlement and closure of the account.” For your Public Servant Trustees, when you wish to settle and close an account. This rebuts the presumption that you are in “joinder” to the YOUR NAME TRUST (i.e. MR JOHN DOE TRUST) as Trustee (liable). As a man/woman, you are lawfully re-appointing one of your Public Servant Trustees, and instructing them to perform a specific fiduciary duty.
Accept any claim against you only on condition that verification is made in writing, and “signed” by the claimant, “under penalty of perjury”, accepting their “full commercial liability”. The claimant always bears the burden of proof. Never make a claim as that places the burden of proof on you.
Burden the claimant
“Does a man/woman need a license for that?” “Will you put that in writing and sign it?” Always place the burden where it belongs, on the claimant, never on yourself.
Never argue as that establishes a disputed contract negotiation in “joinder”. By entering into a dispute you are consenting to negotiate a settlement in their jurisdiction where you are accepting liability and can only mitigate the amount. Ultimately, your dispute can then be taken to an “administrative court”, which is a “dispute resolution service” for consenting parties in legal fiction commerce.
If forced to “sign” a contract (any document), or to do anything against your free will, declare “Under Duress”. “You have threatened me so to protect myself I will autograph ‘Under Duress’.” This is a last resort. Nothing signed or autographed under duress is valid in court.
Stay on Point
Remember that you will “stand under” their jurisdiction invoking “joinder” if you agree to anything at all, such as let them into your house. And if you provide a “first name” and a “last name” like a corporation, that will be heard as “joinder”. Shut up. Stay on point.
A Claim of Right
Any living man/woman can make a written “Claim of Right” as evidence of their living standing. Such a claim can include evidence of life such as a thumbprint, witnessed in a living jurisdiction by a Justice of the Peace. This “rebuts the presumption” that you are in “joinder” to a dead legal “person” NAME, and according to the Cestui Que Vie Act 1666, section IV, ‘If the supposed dead Man proves to be alive, then the Title is revested.’ In short, all your Rights and Properties are restored.
Obviously, a “Claim of Right” should be made known. It can be published anywhere, or served to any official, such as an Attorney-General with instructions to correct your status/standing in all governmental matters. But do not expect others to immediately acknowledge your living standing – the important thing is that YOU KNOW WHO/WHAT YOU ARE. Here is an example of a “Notice of Claim of Right”
None of the above is legal or lawful advice. As a sovereign, you are responsible for your life and deeds.