Senin, 23 Mei 2005

Contracts - "without prejudice"

Contracts - "without prejudice": "'Without Prejudice'



Contracts



The Uniform Commercial Code (UCC) recognizes that it is possible for anyone of us to be commercially coerced into signing a contract that we would not sign had we true free agency. The UCC provides that if we sign a contract under such adverse conditions, and if we do so “without prejudice” or “under protest,” then we preserve all our rights.



UCC, Section 1-207, states:



Performance or Acceptance Under Reservation of Rights



A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as 'without prejudice', 'under protest' or the like are sufficient.



If it is necessary to assert your rights in court, when the point is raised, here is a suggested testimony to offer when explaining what you meant when you claimed “without prejudice”:



“It indicates I have exercised the remedy provided for me in the Uniform Commercial Code by which I might reserve the Common Law Right not to be compelled to perform under any contract that I have not entered knowingly, voluntarily, and intentionally. And furthermore, that notifies all administrative agencies of government that I do not accept the liability associated with the compelled benefits of any unrevealed commercial agreement.”



The Uniform Commercial Code is Admiralty Law, which has come on shore. The “without prejudice” clause is the window which enables one to assert their 7th Amendment guarantee of access to the Common Law.



Some people are putting the words, “without prejudice” on everything they sign, above their signature. E.g. they are putting it on applications for driver's license, tax returns, voter registration, bank checks, gun purchases, marriage licenses, etc.



Anderson's UCC annotated part: can only reserve those rights which you have. Explicit about your domicile/citizenship (capitalize Citizenship), a Citizen of the republic not a citizen of the government (see Fourteenth Amendment). It also states that the UCC is in harmony with the Common Law. This then is the only way in which you can assert ('reserve') your Rights as you are being coerced into these contracts with the various levels of government."

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