Contracts
Agreement Between the Parties
Contracts
The Real Law - Foundations
Chapter 1 - Welcome:
Welcome to your first lesson.
Before we go on to the advanced section of this course and learn all the fun things it contains, like how I don't pay income tax, utilities bills, council tax, PCNs, and any other way corrupt corporations use to try and squeeze extra money from us, you'll need to complete this course and learn some important foundational, and in no way trivial, empowering knowledge of law. That's what this foundational course which you are curently on is for. So thank you for donating in order to access this course and welcome to your journey of empowerment
Lesson 1 - The System:
To begin with, we'll look at some background information, about the development of the current system we live under and some history to help understand not only how it came about, but some information which will help to understand how it works.
In the days before the great depression, the days from October 24th to 29th 1929, were when the stock market crashed, causing mass starvation and foreclosures of homes in America. Before then the era was called the roaring 20s, due to the mass prosperity being experienced.
Gold and silver were also in abundant supply and were used as money, or at least gold and silver certificates were, which could be exchanged for gold and silver from a bank at any time. This was in England as well as America. Certificate basically means money, and it if even rumoured that college certificates do have a monetary value for those who insure them, which is culminated at completion of a college course. For instance, if we look at two vocational qualifications of carpentry or engineering, they qualify someone to get a job afterwards which earns the government many thousands of tax pounds or dollars over the lifetime of the worker until retirement. The college course was also more than likely paid fir by a "loan", which also has to be "paid back" from the workers wages once they gain full time employment, although no money was actually loaned, just like in the case of a credit card, but more on this later.
Getting back to the gold and silver, the practice of certificates actually goes back to the goldsmiths of old who would write out a certificate as a receipt for the gold or silver kept for safe keeping in their safe aka deposited. These receipts which would be written out, were like our legal tender today, except now we can't exchange them for gold or silver, aka money of substance. These gold and silver certificates, or bills of exchange, were obviously, not only much lighter than gold or silver and could be used in the place of gold or silver, but would ensure, or insure, that the gold and silver, would not be lost at sea by sunken ships that were travelling to other countries to trade, or even stolen by pirates, as records could simply be kept at the goldsmith's who stored the precious metals for safekeeping and trade. Meaning that this receipt could be taken to another goldsmiths across the seas, in a foreign country, in exchange for gold, in order to buy the goods in that country when you got there, rather than carrying the physical gold or silver itself, or used as tender, or set-off, for payment in other words. Eventually even these receipts became valuable in themselves, once they were trusted and accepted, and became legal tender in other words. This is in fact how money works, or at least how it used to work, when gold and silver certificates could be exchanged for gold or silver. Whereas today we of course use the paper itself as money, aka a fiat currency. More on all of this later.
But before we delve more into that and look at contract law, let's give a little context by looking at the system a little more closely
Preliminaries
Did you know that, no matter what country you are in, if you are using a Latin based language, a name in all capital letters denotes a corporation - a dead entity with no rights, Corp(s) for short, from Latin corpus - body, where we also get the word corpse from - another dead entity with no rights. That's why the style of writing with all capital letters is called mortmain - dead hand, just like the style used for writing on tombstones.
Have you ever noticed that whenever you get a bill or are issued with ID, your name is always in capital letters, and that you're always asked to fill out forms in block capitals?
Do you think this is coincidence?
Well this might explain a little about the reason why; because a corporation was created with a name very similar to yours, and in fact we are made to assume it is ours. Well technically it is ours, our person, our persona, a mask, we use this when we are acting in personum, this is how those at the top of the legal society have fooled us for years...
The United Kingdom as a Corporation
The corporation called the UNITED KINGDOM or UK, which is literally just an outline on a map and only exists on paper:
The United Kingdom is the creation of Parliament by the Acts of Union 1707.
I have been told that somewhere in the constitution of England, it states that we are to be governed by the laws of England and will therefore not accept a foreign power, and that consequently the union of the parliaments of England and Scotland was not lawful.
Also if we look in Blacks Law dictionary 5th Edition, we see the definition for 'foreign':
Foreign: "Belonging to another nation or country, belonging or attached to another jurisdiction; made, done, or rendered in another state or jurisdiction; subject to another; operating or solvable in another territory, extrinsic, outside, extraordinary, Non-resident person, corporation, executor, etc."
The contents of the articles within the Act, provide all the evidence needed to prove this Act is unlawful;
I) The Named Countries in the Act are written in all capital letters like so, 'ENGLAND' and
'SCOTLAND'
The rules for capitalisation according to 'the University of Oxford Style Guide', in summary, only outline the use of capitals for the beginning of a Proper noun (Specific people, names, places, holidays, religions, months, etc) but not for whole English words. As this does not follow the grammatical rules for the English Language, it is therefore not English. But then 'what is it?' I hear you ask.
Well, on page 574 of the book 'The Chicago Manual of Style, The essential guide for Writers, Editors, and Publishers, 16th Edition summarized', which is basically the US version of the English 'University of Oxford Style Guide', under the heading, 'Old English and Middle English', section 11.142 after the subheading 'Special characters in Old and Middle English', we are told that 'Several Old English or Middle English letters not used in modern English occur in both lower case and capital forms.' But this is not referring to whole words.
Then on page 576, under the heading 'American Sign Language', section 11.147, after the subheading 'Glosses in ASL.' we are told that 'The written-language transcription of a sign is called a gloss. Gloesses are words from the spoken language written in small capital letters: WOMAN, SCHOOL, CAT, (Alternatively, regular capital letters may be used.)...'
Nowhere else does it mention any all uppercase words, which clarifies use of capital letters for whole words is not English, nor American, but is American Sign Language, and if we go back to section 11.144 on page 575, we are told that 'these languages are known as signs'. Hopefully now you see that we can conclude that writing words in all capital letters is not English but actually a language foreign to English known as signs.
In contract law it is recommended to use one language to secure the rights and obligations of that country's laws, so the fact that the named countries are in a foreign language, clarifies that the Acts of Union 1707 does not fall under the jurisdiction of England's or Scotland's Laws and therefore the United Kingdom is a foreign entity with regards to both countries.
Blacks Law Dictionary 4th Edition, also has a definition for such use of language, as here:
'Dog-Latin. The Latin of illiterate persons; Latin words put together on the English Grammatical system.'
II) The following text is direct copy from the original Acts of Union 1707:
Article XXV - That all Laws and Statutes in either Kingdom so as they are contrary to or inconsistent with the terms of the Articles or any of them shall from and after the Union cease and become void and shall be so declared to be by the respective Parliaments of the said Kingdoms.
See for yourself here:
https://www.legislation.gov.uk/aosp/1707/7/section/XXV
Governments and Monarchs have limited power, and all are equal under the law, so this act is also ultra vires (beyond scope), because they cannot deny the people their God given, inherent rights. So, as well as an act of high treason, it is void ab initio (void from the beginning).
This Act proves that the Government and Parliament of the United Kingdom does not follow the rule of law which Queen Elizabeth II swore an oath to uphold at her coronation, and thus cannot create any Acts or Statutes for the people living in England.
There is also the case of the Stone of Scone being removed before Queen Elizabeth was coronated, therefore also making her coronation void. This fact has even been used as a winning defence in court. But these two examples are just used here to illustrate the point that not everything is at it seems or as we are told it to be. Hopefully now your mind will be open enough to take on board the knowledge that follows. Knowledge I have used in practical applications in my own life, when I first started testing out law, in action, in my own life over ten years ago.
Contract Law
So before we continue on, let's look at contract law and the rules of contracts, since all law is contract, aka an agreememt between the parties. This is not a full course on contracts, but just a brief overview to give you an idea of how they work .
First of all, let's look at the word contract itself and break down its meaning.
Contract - meaning
Looking at the sord contract, we have the Latin prefix 'con/com', meaning 'with/together', denoting two or more parties and the suffix 'tract' denoting some form of action. For instance a tractor pulls something, traction is the action of pulling something, the word attract is about pulling something towards another object, subtract is about taking something away.
So the meaning of the word contract is really about how you act in certain relationships and comtracts are determined not by what is written down, but by your actions in those specific, usually professional, relationships. There was even a court case where a tenant signed a contract to pay a certain amount of rent each month, but only paid a part of it, a consistent lower amount because maybe they didn't even look at the amount on the contract and were under the impression that the lower amount covered the full rent. When asked by the judge what they did with the cheques, due to the fact that landlord replied that they cashed them, the judge ruled in the favour of the tenant and lost the right to claim the extra missing rent, or higher, full amount, due to their actions.
Authority and capacity
To begin with, before even thinking about entering into a contract, someone must have authority and capacity to do so. That's why the law looks at whether the parties involved have not only the legal capacity, but also the authority to enter into one in the first place. In order to have mutual assent, both parties must be of legal age and have the mental capacity to comprehend the terms of the contract, otherwise the contract may be voided. Also both parties must have the authority, so for inatance, I can't agree to sell you a business which I don't own etc. These two elements are essential, but in my mind are more of prerequisites to entering into contract. So, although they are essential, they are not listed below, because they are so essential, that without them, there would be no basis for a contract to even build upon in the first place.
The next seven elements, or conditions of contract which follow, are the main essential elements which a contract needs to meet, in order to be valid:
1. Offer and Acceptance
2. Certainty
3. Full and honest disclosure.
4. A meeting of the minds
5. Legal/lawful terms and conditions.
6. Equal or valuable consideration.
7. Privity of contract.
Offer and Acceptance
An offer, which is a promise by one party to enter into a bargain contingent on the performance of another party, is a key element of a contract. The offer must be clear, concise, and communicated to the other party.
The offeree must accept the contractual terms of the offeror. Acceptance can be explicit or implicit, expressed or implied. An explicit or expressed acceptance is an affirmative statement by the offeree that they accept the full terms of the offer at face value. An implicit or implied acceptance is when the offeree performs some action indicating their acceptance of the offer.
An offer is not a legally binding event, but simply an invitation to treat, aka and invitation to negotiate. It simply proves that an offer exists, and nothing more. When it is received by the other party, it can still be revoked, altered, terminated, or conditionally accepted, rather than just blindly accepted.
Communications with the offeror should always be maintained in valid contracts. It's important to know that a counteroffer might terminate an offer. Think of it as modifying and therefore changing the offer, making it a new one altogether, or a novation. For example, if I offer to sell you a car for £500 and you counter that price with an offer for £400, the original offer is no longer valid.
Forms of Acceptance
- Conditional acceptance: The offeree accepts the offer subject to certain conditions.
- Acceptance by action: The offeree performs the actions specified in the offer.
- Option agreement: The offeree pays for the offeror to keep the offer open for a certain time.
- Acceptance by inaction, or tacit procuration/aquiescence.
Certainty
To be enforceable, a contract must be clear, unambiguous and contain no uncertain terms. These terms must be specific, achievable and guaranteed otherwise the contract may be void.
It is also essential that the price for delivery of the promised obligation, whether service or product to be sold, is agreed.
For example, if it is agreed to buy or sell a car for £500, with no mention of a specific type of car, the contract is void because essential details are missing.
The courts may not enforce a contract if the terms are too vague or uncertain. For example is a contract is simply for 'the sale of goods', but doesn't specify what the "goods" are, then the contract is not certain and cannot be enforced.
3. Full and Honest Disclosure4. A meeting of the mindsA meeting of the minds basically means agreement to the terms and conditions of the contract at face value, meaning as stipulated on some document and is symbolised by two handwritten signatures (not photocopies). Digital signatures are also accepted in this modern digital age. This is important because some companies will try to trick people into giving their signature, or will not even sign their own document. A contract with one signature or where only one party benefits is called a unilateral contract, a contracr with only one party. This of course is invalid and unenforceable, yet so many people get conned by these simply because they don't know the law of contracts. But this is to do with consent, which we will look at more later, along with a seperate and very important discussion about our signatures too.
5. Lawful/Legal Terms and ConditionsIt probably goes without saying, but a contract cannot be made for something unlawful or illegal. That's why James Bond's licence to kill is only in fictional Hollywood movies, otherwise hitman would be a legal job and all hitmen would have passed their assassination licence test to get a licence. A contract could also start off as perfectly legal/lawful, but is carried out or performed in an illegal/unlawful way, which would make it void ab initio, meaning void from the start.
6. Valuable considerationContracts are made for the purpose of exchanging something of value, aka valuable consideration, between two parties. They can be tangible, like money, goods, or services, or they can be something intangible, like a promise to perform or even to refrain from performing an action. The courts generally do not decide if the consideration is adequate enough though. In other words, entering into a bad contract doesn't invalidate it, so long as it is not breaking the law in some way, so always make sure to read the small print! There are exceptions to this though, such as in the case of employee non-compete agreements, since there are rules governing employment, like minimum wage etc.
7. Privity of ContractIn common law, privity of contract prevents someone not a party to a contract, or not privy to it, from enforcing a term of that contract, even in situations where the contract was made for the purpose of conferring a benefit on that third party.But the UK Contracts (Rights of Third Parties) Act 1999, altered the privity of contract rule, to allow someone who is not a party of a contract, the right to enforce a term of that contract in special, or specified, circumstances.
So hopefully you can see why it's important to know the seven essential elements of a contract. Because without them all being present, a contract isn't legally binding then may be void or unenforceable. Not only will the parties to the contract then not be held responsible for fulfilling their obligations of the agreement, but also, you'll be able to know which agreements are not legally binding.
There may be more elements to general or other types of contracts, but the above are the seven standard essential ones, or the "bare bones", which you'll find in all valid contracts.
This now brings us to understanding how contracts work in action.
