Contract Explained
The following is taken from the the Legal Information Institute:
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, elements of consideration can be satisfied by a valid substitute.
Contracts are mainly governed by state statutory and common (judge-made) law and private law (i.e. the private agreement). Private law principally includes the terms of the agreement between the parties who are exchanging promises. This private law may override many of the rules otherwise established by state law. Statutory law, such as the Statute of Fraud, may require some kinds of contracts be put in writing and executed with particular formalities, for the contract to be enforceable.
10 Points to a Contract
In a world where ‘commerce law’ (admiralty / maritime law) has insidiously taken over the whole planet, perhaps the MOST IMPORTANT thing to know to make sure you are protected is contract law.
Contracts - “An agreement, upon sufficient consideration, to do or not to do a particular thing.” ~ Black’s Law Dictionary 4th Edition
A contract is basically anything from a romantic exchange to a friendship to a business situation. The word ‘contract’ is a very widely used and far-reaching term that is used for almost anything. The Uniform Commercial Code (UCC) has deliberately expanded the ‘commercial’ aspect of the word to include almost everything imaginable.
Contract law is the ultimate pinnacle of commerce law. So, if you know contract law, then you should be able to navigate most everything you encounter in life.
All bodies of law that are statutes basically stem from the UCC. The UCC is the ultimate weapon of the banker corporate-types, and the ultimate defense to that weapon is an understanding of contract law. Contract law is senior to the UCC and all of UCC conforms to it.
In order for a contract to be a contract, it must adhere to the points below. Some authors say there are 3 points, some say 5, and still others 6, but it may be helpful to follow the 10 points below.
10 Points of a Contract
There must be more than one party. A contract is with 2 or more people that contains specific elements, such as:
An Agreement - which means an offer and an acceptance
Offer - can be called a presentment
Acceptance - can be defined as ‘not saying ‘no’ to a presentment.’ There must be clear and open communication as it is critical for an agreement. That is, if you don’t say ‘no’, you are saying yes. Acceptance can be complex as assumptions might arise wherein you may think you are rejecting something when, in fact, you are accepting it, such as various types of ‘dishonor.’
Dishonor - when given a presentment, you do not keep the game going because you ‘drop the ball.’ Make sure you do not drop the ball, but put the ball back in the other guy’s court, so to speak. (Don’t be left holding the ball. Otherwise, you lose). Also, another way to dishonor a contract is by ‘freaking out.’ When you freak out, you are technically, in law, dishonoring the contract and therefore you lose the case. Maxim: “whoever drops the ball and fails to hand it back, loses.” THAT is considered dishonorable!
Conditional Acceptance - by conditionally accepting the offer put forth by the other party, you remain honorable and stay in the game. Now, if the other party fails to meet the conditions put forth by you in your conditional acceptance, they lose as they fall into dishonor. This is the basis of legal agreements. Learn this game. But, if you ‘freak out’ by violently fighting and rejecting presentments, you are ‘dropping the ball.' The game ends and you are the loser. By never falling into dishonor, you win the game every time!
Intention to Create a Legal Relationship - the two parties essentially agree to subscribe to the idea of “if you don’t do what you have promised, you face consequences.” This is basically an agreement based on a penalty system if each side doesn’t hold up to their end of the bargain. The breaking of contracts is so intrinsic in our lives that even Common Law has a provision for the importance of contracts. Contract law is also found in statutes, but for this conversation, only Common Law is being referred to. Statutes only apply to specific groups of people.
Lawful Consideration - this begins to get interesting…. Lawful Consideration means that both parties need to give something of value to the transaction in order for a contract to exist. “Nothing is consideration that is not regarded as such by both parties.” ~ Blacks Law Dictionary 4th Edition. Therefore, if I do not consider your offer as ‘consideration,’ then the contract is void (prior to signing it). [However, do not take certain positions with your property until you have an allodial title and an irrevocable trust]. Because of the way loans are made or Federal Reserve Notes are valued, these particular items do not have consideration. These institutions simply take your promissory note, monetize it, and trade them for Federal Reserve Notes. This is an area where contracts fall apart. This one point of contract law can make all credit card debt, mortgage debt, tax debt vanish instantly. In order for something to be considered as CONSIDERATION, both parties have to agree it is consideration. You cannot force something on someone and call it consideration.
When you buy something of sizable value, you should buy it partially or fully with gold or silver. Or you should barter. Why? Because when paid for with Federal Reserve Notes (FRN), the transaction can be declared void (this probably won't happen until more people insist on a de jure judicial system). Remember, FRNs represent DEBT. It might be considered valuable emotionally and culturally by the receiver of the FRNs, but technically it is only a consideration in theory, not a fact in law.
Plus, the Constitution allows a Grand Jury deliberation for any amount contested above $20. So, if you can toss $21 in silver coins into a transaction (like a nice car or house), it actually makes for a more lawful contract and protects you.
Capacity of Parties to Contract - minors, lunatics, drunks, drug addicts, etc cannot contract. Attorneys are necessary to ‘represent’ these people. Evidence that proves you are not in a proper state to contract voids the contract. The principle of ‘like kinds’ applies to contracts. That is, corporations can only contract with corporations, individual humans with individual humans. You cannot mix the two together. If you send an affidavit to a company, an individual person in that company has to send an affidavit back to you.
Corporations are MUCH lower on the totem pole than living humans with respect to contracts. We do not realize that corporations can only exist through the energy of humans animating them to life. This is why they are called corp ~ corpse -orations. They are dead entities in and of themselves and need YOUR energy to become animate…which is exactly how banks work: they drain you of your energy to animate themselves into existence. They falsify and deceive pretending they are giving you THEIR energy but such is not the case. Banks and many other corporations operate with a vampire or parasitic mentality in order to survive.
Free Consent - neither of the parties is being forced, coerced, or tricked in any way. This includes coercion, undue influence, fraud, misrepresentation and mistakes. A mistake on one single fact can void an entire contract.
Contract Law is hardcore because the moment someone is not getting their just due, the protections in place to protect both parties of the contract come into play. The moment the contract ceases to be of value to both parties, it instantly becomes void. This matches Trust Law wherein one (or more) person(s) is the trustee while another benefits as the beneficiary(s). The roles cannot be switched.
Contract Law, like Trust Law, is designed to benefit all parties at all times…as God intended (according to Bible believers). God intends contracts to have no power the instant requests are broken. His intention is to disarm the wicked. Our job is to simply use His intent in our actions.
Lawful Object - anything illegal or harmful voids the contract. Contracts made to harm do not have the backing of law as they violate the rule of God: trustee and beneficiary
Certainty of Meaning and Full Disclosure - important; remember this!!! A vast majority of all contracts that you have ever signed in your entire life did not have certainty of meaning. It can be argued that even the use of the word ‘person’ or ‘U.S. person’ or 'U.S. Citizen' in a contract without explicitly taking the time to define these specialized legal terms is FRAUD. Anyone can literally go to court over a contract and attack the definitions of all of the words and probably have the entire contract declared null and void. Every word, every point, every concept within a contract must be clearly, explicitly, plainly communicated AND understood by both parties, otherwise the contract is void from its inception.
Signature and Autographs - autographs are only of living men and women. Signatures are for corporate contracts that are made by a person on behalf of a company, corporation, partnership, or trust.
If you, as the living man or woman, do not have another human on the other side of the equation, then there is not an autograph match and thus there can be no contract.
Certainty of Terms and Privacy of Contract - the terms and ideas of the contract are not changeable without the express permission or approval from both parties. You cannot simply change the terms or the contract as you see fit because things happen to be changing in your life . The contract itself needs to be changed as the contract no longer envelops that which has occurred and hence needs to be expanded or clarified. The contract, if needed to be changed, becomes void until a new contract is drawn. Changing or adjusting the provisions of the contract to suit one or both parties needs within the same contract is not how it works.
You might be thinking that to write and agree to a contract is impossible to do because there are so many points that must be agreed to. So, when entering a contract situation, make sure that you never give the other party reason to be upset about any of the points that you wish included in the contract. Also, do not ever contract with anyone with whom you think is not a good person to contract with. If you cannot see yourself doing a handshake deal, then do not have a contract with that person.
Per Biblical teachings (from which Trust Law comes), man is created in God’s image. This means that we are to benefit and help each other or be cast aside as broken. Only those of low self-esteem or self-value attempt to benefit only themselves at the expense of another. That is the opposite of what God intended (again, per the Bible) and, could be considered ‘evil.’ ‘Evil’ can be roughly defined as ‘Flipping of the Trust Law’ and forcing or coercing or tricking others to be the trustee while you steal the role of beneficiary. This action will always recoil on the person who does this.
TRUST LAW IS SENIOR TO EVERYTHING INCLUDING CONTRACT LAW
Contracts are higher on the scale than jurisdiction
Trust Law is higher on the scale than Contracts
Free Will is higher than Trust Law
