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Hello, Subscriber!
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Continuing with Contracts
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Several quotes from ancient scripture crossed my path in recent days. They've been on my mind consistently as I work through the rather involved claims that have commanded so much of my time and attention of late. Allow me to get these thoughts in print and in concrete form, and then we'll continue with the discussion of contracts we began last issue.
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As you read these quotes, bear in mind that in the days in which these things were written, and even later when they were translated, that "princes" were not necessarily the sons of kings. They were officers set over the different and varied business of the kingdom; the politicians and officers of agencies today. Recall also that men of average means in that day wore rather humble clothing, rags by today's standards, and were not likely to have many if any changes of clothes. Those of higher class and greater political power often signified such by their "strange apparel" which set them apart from the masses. They "broadened the borders of their garments", so to speak.
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A much more elaborate example, yet still not opulent. (image courtesy metmuseum.org)
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The problem from the mouth of the prophets and before the eyes of the Lord? "The LAW is slacked..." or without teeth; ineffective in curbing iniquity, or what we call "felony" today, an assault and damage upon another man's living being or property. "Judgment doth never go forth..." in that felonious acts are never compared to right law which illustrates how such acts are wrong, and no judgement is made in reference to the trespasser's actions, again in order to curb iniquity. And if not, then "equity", or a balancing of the scales of justice to make-whole the loss incurred, is never undertaken.
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Incurring loss... and we're back to a discussion of wealth and property after all. Focus now; people don't often read the Bible for lessons in "equity"; yet the Lord is all about property, inheritance, and trust. He trusted us with life and is eager to see what we do with it... in order to "inherit the kingdom of heaven".
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The basic tunic was a linen poncho tied at the waist. (image courtesy metmuseum.org)
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The Quotes:
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Zephaniah 1:8-9; [8] And it shall come to pass in the day of the LORD'S sacrifice, that I will punish the princes, and the king's children, and all such as are clothed with strange apparel. [9] In the same day also will I punish all those that leap on the threshold, which fill their masters' houses with violence and deceit.
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Habakkuk 1:3-4; [3] Why dost thou shew me iniquity, and cause me to behold grievance? for spoiling and violence are before me: and there are that raise up strife and contention. [4] Therefore the law is slacked, and judgment doth never go forth: for the wicked doth compass about the righteous; therefore wrong judgment proceedeth.
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... and the even more critical and pointed:
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Isaiah 1:23; Thy princes are rebellious, and companions of thieves: every one loveth gifts, and followeth after rewards: they judge not the fatherless, neither doth the cause of the widow come unto them.
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The "princes" are companions of thieves, loving gifts and rewards, seeking not to help those who are in compromising situations, who stand in need of help. I believe we are called to aim higher than that which we currently see festering around us. To call attention to error, to call foul, and when our calls for correction are not heeded, to hold those intent on furthering oppression, exploitation, and injury for their own benefit, to account for their actions or lack thereof. So, let us be about our business.
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The Eight Constructs of a Valid Contract [part 2]:
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NOTICE: This discourse is not "legal advise" and should never be considered such. It is a discussion of a topic from the perspective of the author; in fact an "opinion", which bears only the weight of the ideas presented. If applying such ideas to lawful actions, you are encouraged to research, cite, and base your claims upon established statutes and case law which have been tried by judicial process.
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Directly from the footnotes of a recent claim, here are the concepts inherent to a contract: "A 'valid contract' is determined by eight (8) factors as: [i] parties competent to contract, [ii] free and genuine consent, [iii] full and honest disclosure, [iv] valuable consideration, [v] certainty of terms, [vi] meeting of the minds, [vii] wet-ink autographs of two (2) like-kind parties, and [viii] privity of contract (party rights and responsibilities)"
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Again, we'll take a few points each week splitting this rather large discussion among several newsletter issues; because the dp Newsletter is long enough already! :-D
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[vi] A Meeting of the Minds: Along with a "certainty of terms" comes such "meeting of minds", that we comprehend the relationship and it's expectations to which the parties also agree to be bound and responsible. For such meeting of minds, there must be full and honest disclosure so that full comprehension of the agreement is valid and accepted in honor. If terms intent on enforcement are either never disclosed or hidden, they cannot be considered nor agreed upon, neither could one party be held accountable to such terms having no comprehension, no "meeting of the minds".
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[i] Parties Competent to Contract: All parties to the contract must be "competent", or capable of both understanding the terms, being responsible to delivery or performance of that to which they agree, and capable of delivery. My experience in the financial industry with aging clients comes to mind as there exists in that industry a tendency to pursue aging clientele for both their accumulated assets, their tendency toward financial simplicity (if not ignorance), and failing or faltering mental capacity for cognition of both financial strategies and contractual agreements. It's an industry rife with predators, and in response, there have been regulations and systems introduced that verify "touching all the bases" with clients in those situations.
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Along with these two considerations comes a concept not well nor widely grasped. Both parties must be of "like-kind". While a man can agree with another man (or women), each possessing competency and a mind to agree to terms, a corporate entity has no mind nor any comprehension. It is run by it's officers who "authorize" the actions of the incorporated, the lifeless which undertakes an "action" or series of actions. In short, businesses incorporate for the purpose of removing liability from the officers of such organization, protecting company officer's (the one's making those decisions) such "private" assets from "public" scrutiny and responsibility. There is no other reason for corporations to exist. You may read into that such corporate structures are "less than admirable"; some would add "evil at their core".
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Another concept not well nor widely grasped is that men and women, you and I, have an "office" by which we authorize actions or agreements with corporate entities. Such officer of our business affairs "signs the bills of lading" at the docks, or so I have heard it described. Your checks or bank drafts sport a signature line which reads in micro-print "authorization". Your signature is a "sign" of your, the man or woman's, authorization for an action, and not the direct action of the man or woman. Why doesn't the banking industry simply tell us "you are authorizing this action with our corporation from your function of office", your incorporation. Maybe because entangling us in their schemes is rather profitable; and the less we know the easier it is for them to do so. More accurately, it lowers the status of a man to an "officer", a similar incorporate fictitious entity for which "privileges" are also limited, and the "rights of men" can be conveniently shoved aside.
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"Learning personal financial skills from the banking industry is like asking your local crack dealer about their 12-step program." - dp
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If you were to authorize an action as a man, you would apply an "autograph", a record of your "auto", self-initiated, will; hence "autobiography", a self-initiated biography or history of "you". A corporate entity, an "IT" on paper, can neither be competent nor does such fictitious manifestation have a mind. Therefore a corporate entity cannot contract with a man, lacking a meeting of the minds. Nor can a corporate entity contend with or sue a man; such an entity lacks "standing". Being a fiction whose only existence is noted on paper, there is nothing to stand and "speak from their own knowledge", there is nothing that can, under penalty of perjury, offer a "testimony". The fictitious entity of incorporation doesn't exist but on paper. Neither can such entity be offended as these have no "rights", only privileges which are subject to revocation and regulation, and limited privileges at that.
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Only a man or woman can contract with another man or woman. Only incorporate, fictitious entities, can contract with other incorporate entities. And when the incorporate fictitious entities, who only bear limited privileges, encroach upon the rights of the living, there are serious and very expensive consequences that can be called to account for trespass, damage, and injury! Connect their intent to lower the status of a man to another corporate entity with avoiding financial responsibility, and that's called "motive". More next issue...
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The fictitious entity employed in the business world to protect private assets from public scrutiny and responsibility is known as a ___________ .
[see end of email for the answer]
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If you find this interesting or helpful, please share it.
Here's some more worthwhile information:
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"...Wealth Transfers vs. Free Markets"
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"The standard line among the Great Reset crowd is that capitalism exploits poor nations and causes poverty. In reality, capitalism and free markets have reduced poverty around the world." From my perspective, "lead, follow, or get out of the way."... as for those who continually look to centralization, You've lead us "HERE"; now, "get out of the way".
Lipton Mathews on Mises Wire [LINK]
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"The Perfect (and Only) Solution"
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A follow up article on the "nickel default" by the London Metals Exchange (LME) earlier this year. "...the problem in LME nickel was the existence of a concentrated short position that was so large so as to endanger the entire exchange when the size of the position became obvious..."
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Ted Butler on SilverSeek.com [LINK]
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More from Ted Butler on SilverSeek.com [LINK]
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"The Risk of Deflation..."
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In a rare conflicting opinion, Roche comments at length on the similarities to prior economic turmoil, and the housing market in particular. "it might seem odd to think that the risk of disinflation and deflation is rising. But while the CPI is a rear-view looking indicator many forward looking indicators are starting to tell a very different story..."
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Cullen Roche on Pragmatic Capitalism [LINK]
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"No state shall... emit bills of credit; make anything but gold and silver coin a tender in payment of debts..." And yet they have, it has ruined our currency, and undermines our financial security. This is how the world recovers.
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"Worse than 1929"
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When the eye-wall of the inflation and debt storms hit, it will be like nothing we have ever seen. 1929 was just a warm-up... Survival will demand two things:
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1. manage well what you have
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2. supplement your main cash flow
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Trading Time-for-Dollars has it's Limits!
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MoneySmart Chapter Tours
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Having more money to manage is matter of the habits you use to manage the money you have! Check out the MoneySmart online chapter tours here:
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A corporation cannot sue or contend with a man in his private capacity due to a lack of _________ , a "like-kind" meeting of the minds.
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[see end of email for the answer]
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A few handy organizational tools:
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xls: MS Auto Mile Log
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