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Hello, Subscriber!
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An overview of Contracts; Conclusion
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In a conversation with a friend and former client this past week, he asked me to clarify the difference between a "claim" and a "suit". In a lawsuit, one government officer, employee, or dependent (legally) is asking the court to permit remedy for damage from another government officer, employee, or dependent. Since each are a "material interest" or property concerns for the government, the "sovereign" reserves the right to oversee the matter. < cough > Pardon... gagging a bit. And if you don't think the government considers it's "citizens" as property, you haven't been paying attention.
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With a claim, a man (or woman) asserts that another man has trespassed their rights or damaged their living being or private property and is claiming remedy for such damage. Mankind is not subject to government; government is subject to mankind. In parallel and for example: "You have run your car into mine causing damage. Here is a claim ($) to remedy that damage." Now wrap your head around this: "You have run your "patterns, policies, and practices" into MY RIGHTS causing damage. Here is a claim ($) to remedy that damage."
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All governments today are incorporate entities. A man and living soul "stands" orders of magnitude in respect of law and equity over any incorporate entity, a fiction established on paper expressly for the purpose of deflecting personal liability away from the officers which operate it. A claim can be issued to a corporate entity from a man whose rights are sovereign over an above that of an incorporate entity. "Corporations are prohibited to infringe upon the rights of the living." [Monell v. Department of Soc. Svcs., 436 U.S. 658 (1978)] "We the people" have forgotten both the authority we hold and how to use it to defend our rights when trespassed. We need to relearn those lessons; quickly, or our "free country" will become a distant memory.
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What we tend to lose track of in all the public school and government programming is that your rights, your time, your talents, your peace of mind, although intangible are all "your private property" and nobody has any right to impact, degrade, or relieve you of them without your authorization or accepted compensation.
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To illustrate, I've had people question the cost of some of my tee-shirt designs, which, by the way, I only get to set the profit margin, not the cost of the shirt, printing, order process, and shipping. As I buy and wear my own designs, I would tend to agree: these are premium priced items; yet they are also unique creations, printed one-at-a-time, as each buyer orders. They are not one of 50,000 printed for the masses at Target or Walmart for nationwide or worldwide distribution, spreading production costs over thousands, and where you might see 3 just like it at the next barbecue.
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Coarse and simple, "Music I am" can be seen from the back of a theater.
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What we don't tend to see is the lifetime of learning it took to effectively express ideas in pictures, the ability to envision those ideas, to master graphic editing software to bring those ideas to fruition, and establish the conduit by which they are made available to others. Any creative pursuit takes years of learning and hours of effort, and those efforts have "value". Did I spend "a few hours" to produce a design, or was it years, dollars by thousands for computers, software programs, paper, pencils, crayons, and finger-paints in the making? Learn to see such value and you'll begin to see the contribution that others bring to the art you appreciate, the music you enjoy, the stories you read, movies you watch, and the intangibles contributed all around you in a whole new light.
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The Eight Constructs of a Valid Contract [part 4]:
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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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[ii] Free and Genuine Consent: This is a factor and point which follows closely several of the other factors of a contract; parties competent to contract, full and honest disclosure, and a meeting of the minds. There is no genuine consent if one or both parties are not competent to contract. None if full and honest disclosure was withheld, obscured, or misrepresented; to what did we agree without "full and honest disclosure"? We agreed to nothing. Under such circumstances there certainly can be no meeting of the minds as each mind holds as constructs factors, terms, and conditions differing from those in the other party's mind. And of course, the making of any contract under duress, coercion, or deceit is no valid contract at all.
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Such is the error and depth of depravity in "semantic deceit" which government tends to practice so pervasively in nearly all "IT" touches. Politicians in government tend to establish a construct and definition with an "admirable name" allowing association by such label with high ideals and concepts bearing character only to "legally define" such which leans in their favor and subverts the rights of men for which governments and political positions only exist to preserve and defend.
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Have you ever made a purchase based on the label or description only to be utterly disappointed with the contents of the package? Notice what they "label" legislation in stark contrast to the effect and content of what the legislation accomplishes... and bring a shovel; wear tall boots.
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Some of the worst among these errors can be seen and considered with the 14th Amendment to the Constitution. Read Section 1, then work to define "legally" in the "statutes" the terms "persons", "United States", "subject", "jurisdiction", "citizen", "reside", "resident", and "privileges" all of which have been promoted to us, colored in glowing terms, only to become a rug on which we errantly stand, ready to be pulled from beneath us when it suits their purpose. Once you have those concepts in mind, read it again; and remember to breathe and count to ten before you do or say anything you're likely to regret later.
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[viii] Privity of Contract (party rights and responsibilities): The last and in my opinion the most powerful factor for contracts, likely because it is so often glossed over and rarely if ever brought to bear to defend a party's rights. The parties to the contract are held to the terms and conditions of the contract and no other 3rd party not named therein, and not agreeing to said terms therein, can enforce terms and conditions of the contract upon those parties separately or together not being "party to the contract". It's a "private" agreement, an "interest" among the parties, and reserved only to the parties to the contract in question.
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The best example I have heard, which I paraphrase, is the story related of a collections agency which acquired a health care debt from a hospital and called the debtor by phone. "We are calling to collect said debt with XYZ Healthcare..." The debtor posed the question, "Did you buy and acquire the debt from XYZ Healthcare which I owed?" The collection agent replied, "Yes we did, and we're calling to schedule the means to collect." "Thank you for taking care of that debt," the debtor replied, "I appreciate the help and really needed that assistance at this time. You and I, however, have no "privity of contract"; I did not contract to pay that debt to your collection agency."
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In conclusion: Much of the day to day "business" we enter, struggle to navigate, and become entangled with involves contracting in some form; whether formal and written, or verbal and by acquiescence (failure to rebut or decline). To properly and effectively defend our "un-a-lien-able rights", those granted us which cannot be removed from us, as well as our private property, we must be aware of the construct of a proper contract and realize when those "moving parts" are either missing or being manipulated to extort or exploit us. I hope you found the discussion of contracts over the past several weeks interesting and useful!
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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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Which holds higher "status" and authority; an incorporated Federal Government, or one solitary living soul, a man in his private capacity?
[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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Never boring, always entertaining in one way or another, Gerald Celente, publisher Trends Journal, comments on the status of the geo-political and economic foundations and where shaking of the infrastructure might drop big chunks from "the sky"; and you don't want to be standing there gawking upward when it happens.
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Gerald Celente on King World News [LINK]
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Stewart Thomson opines 24 concise points that review and predict our current economic troubles so that you can watch for the prevailing winds and "set your sails". Links to outbound charts and resources are a reference style, concerning, but may be necessary for the presentation of graphics on the publishing platform.
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Stewart Thomson, Graceland Updates [LINK]
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Will Silver and Gold Prices Go Lower?
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Ivan and Jim at Wall Street Silver "just love silver" and being able to discuss the events and concepts intelligently have lately attracted some of the best guests for interviews that I've seen on one platform for some time. Always articulate, always on top of issues:
Rick Rule; Rule Investment Media, LLC [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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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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Of the eight factors in a valid contract, which did the author express was likely "the most powerful factor"?
[see end of email for the answer]
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Culture is why "Man is man"
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even if they're attractive women...
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"Howl"
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Music performance is very much about getting over your inhibitions and speaking the music inside you so that the rest of us can enjoy it. Howl...
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"Music Circle"
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When music strikes a chord with you, let others know. Simple positive-negative music design.
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in white for dark colors from $22.99
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in black for light colors from $22.99
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