Category: For The Record

5 Ways to terminate a contract

A contract is a legal document that binds at least two parties to one another and requires them to meet certain obligations detailed in the contract. In some instances, contract termination can occur that will make the contract void of legal binding. Only the parties involved in the agreement may terminate a contract.

Impossibility of Performance

A contract typically requires one or more parties to do something, which is called performance. For example, a company may hire and sign a contract to have a public speaker talk at a company event. Once the public speaker fulfills his duties agreed upon in the contract, it is called performance. If for some reason it is impossible for the public speaker to fulfill his duties, it is called impossibility of performance or sometimes “frustration.”

For example, if the speaker were seriously injured and no one could replace him, that would be impossibility of performance. The company has the right to terminate the contract in this scenario.

Breach of Contract

When a contract is intentionally not honored by one party, it is called a breach of contract and is grounds for contract termination. A breach of contract may exist because one party failed to meet his obligations at all or did not meet his obligations fully. For example, if you purchased a product that did not arrive until a day after the agreed upon delivery date, that is an immaterial breach of contract. However, if your order did not come until two weeks after the delivery date and it affected your business, then that is a material breach of contract.

Generally, with a material breach of contract, the injured party has the right to seek monetary damages for his losses as well as cancel the agreement.

Termination By Prior Agreement

You may terminate a contract if you and the other party have a prior written agreement that calls for a contract termination because of a specific reason. The usual name for this type of provision is a break clause. The agreement must give the details of what qualifies as a reason for contract termination. It should also state what actions need to take place for one of the parties to terminate the contract. In most cases, one party must submit a written notice to the other party to terminate the contract.

Rescission of the Contract

A rescission of a contract is when a contract is terminated because an individual misrepresented themselves, acted illegally – fraud, for example – or made a mistake. For example, if you bought a house but after further inspection you discover that the seller intentionally hid the poor physical condition of the home, you may possibly rescind the contract. A contract rescission may take place if one party is not old enough to enter a contract or if a elderly person is not able to make legal decisions because of incapacity.

Completion of the Contract

A contract is essentially terminated once the obligations outlined in the contract are completed. Parties should keep documentation showing that they fulfilled their contract duties. Documentation is helpful if the other party tries to later dispute the fulfillment of your contract obligations. A court of law will require proof of contract fulfillment if a dispute occurs.

How George Washington broke the government

“What Does the Constitution Say?”
https://m.youtube.com/watch?v=gbV-d6XW_ag

Dr. Eduardo M. Rivera:
George Washington Jailer And Tax Collector

Everyone realizes that government is broken from the top on down, but no one has figured out that it was George Washington, the reputed Father of his Country, who broke it. The country George Washington fathered wasn’t God’s country it was the territory and other property that belonged to the United States of America. “His Country” was code for “the Constitution of the United States.” There are two Constitutions: “this Constitution” is the written one, “the Constitution of the United States,” is the territory and other property belonging to the United States of America.

After the Northwest Ordinance of July 13, 1787, the term “United States” can mean the territory and other property belonging to the United States of America. The “Constitution,” in the oath of Office of President of the United States, has that meaning. Constitution in the oath means property inventory. The President of the United States is to “preserve, protect and defend” territory and property of the United States of America as an employee of the Congress of the United States.

Washington took an oath of personal employment to “preserve, protect and defend the Constitution of the United States,” for a government employer. Washington could have taken the Article VI oath specifically provided for “all executive and judicial Officers, both of the United States and of the several States.” Instead, Washington set the secret precedent that he and future Presidents would work for the Congress of the United States as its employees.

Washington’s agreement to work for Congress amounted to a false oath, because everyone not intimate with members of the First Congress and George Washington believed that the oath would bind George Washington “to support this Constitution.” That mistaken belief that “this Constitution” had been adopted enslaved millions of Americans to a Constitution of no authority.

The United States, in Congress assembled, under the Articles of Confederation had no power to make laws or to tax. After the Northwest Ordinance of July 13, 1787, that Congress had authority to make laws and tax in the Northwest Territory. The Constitution of September 17, 1787 confirmed in the Congress of the United States authority to make laws and tax within the United States. The first Congress was made up of delegates from the original thirteen states. Ratification of “this Constitution” by nine States created a Committee of States pursuant to Article IX of the Articles of Confederation. Ratification by all thirteen States converted this Committee of States into the present Senate of the United States.

This is the story of how he broke the government and bent the law just so he could see central government revived and used to make politicians more prosperous. I explain in this report to the people of America exactly how George Washington broke the government. If you have ever been in trouble because someone claimed you violated federal written law, the United States Code, you can blame George Washington. If you know someone now in trouble because of the written law, you must share this report with that person. It is written especially so that any person held captive by the government on the pretext of the violation of written law can take just one or two pages from those that follow and understand the impact George Washington has had on their personal freedom.

The truth shall make you free. This is why this is not written as a book. There are thousands of books written about George Washington, the Constitution, government and the law none of which will make you free. I believe that the truth found in what I have written has the power to make you and others free. You are free to take all or part of this report and share it with anyone who needs to be made free.

Washington broke the government, so he could become the chief tax collector for the Congress of the United States and, also, so he could jail anyone who refused to consent to be taxed. Broken American government has been falling apart steadily since George Washington first broke it. As I explain in this report, fixing the government is as easy as getting the President Elect to take an oath “to support this Constitution.” That part of the oath of Office of President of the United States to “preserve, protect and defend the Constitution of the United States,” explains that the “United States” means the territory and other property belonging to the United States of America.
The secret power of the government was the knowledge that the “United States” meant the territory and other property belonging to the United States of America. Anyone doing anything that was subject to the legislative power of Congress was subject to taxation. The President of the United States was, of course, in charge of the United States. It was subject to his administration, hence, today everything the President of the United States does is his administration. Technically, that administration is limited to the territory and other property belonging to the United States of America, but the President of the United States has his ways of making you consent to his administration.

Without the two powers of imprisonment and the power to tax, the America of today could not exist. Let’s hope that this revelation will eventually result in freeing all the innocent people held captive in America’s prisons allegedly guilty only of violating written law.

George Washington broke the government by taking the oath of Office of President of the United States, instead of the oath of office to the Office of President. Washington, the great man, was elected to the Office of President under the Constitution and President of the United States of America under the Articles of Confederation. As President, George Washington was supposed to appoint an administrator to the Office of President of the United States, when he appointed himself President of the United States he created a dictator that to this day claims to run the country.

I know most people will dismiss my discovery as preposterous. They will claim that all three Offices of President are rightly held by the same person elected to the Office of President by the Electoral College. Well, it is true that the Electoral College also selects the President of the United States of America when they pick the person to fill the Office of President, but they do not pick the President of the United States that Office is appointive “by and with the Advice and Consent of the Senate.”

Two out of three might not be bad when picking horse races, but it is disastrous in government, when the wrong two offices are combined. The Constitution combined the President of the United States of America and the Office of President that combination joined the Articles of Confederation and the territory that belonged to the United States of America. Washington took the dictatorial power of the President of the United States over the territory of the United States of America and combined it with the real self defense government power of the United States, in Congress assembled to produce a President that appeared to have police power that extended beyond the territory and property belonging to the United States of America.

There is no other way to present this story than by constant repetition. Basic legal research should have revealed that the Office of President of the United States is a dictatorship long ago, as that Office has no definite term or qualifications. To Americans, the thought that George Washington was a dictator is totally unacceptable, but the evidence is irrefutable. I present my findings and conclusions to those who are imprisoned in America, because they are constantly seeking relief from long prison sentences. They are more willing to consider alternative explanations of historical facts, if it will assist in their release. The facts that I present here, while related to the central theme of illegitimate Presidential authority, are in no particular order. Facts are presented in a “stream of consciousness” that I hope will raise the consciousness of the reader so a dialogue and an exchange of ideas can begin. It is hoped that this kind of presentation will invite curiosity and further research.

Constitutional lawyers and scholars won’t admit it, but they are taught the Constitution by constant repetition in the reading of United States Supreme Court opinions. Those opinions are written by Justices appointed by the President of the United States and not by Judges appointed by the President, who is also President of the United States of America. The President of the United States can be defined by legislation as “President,” but such a statute law cannot amend the Constitution to make the President of the United States the President in the Office of President.

Anyone who learns constitutional law by reading those opinions is getting an interpretation that favors the President of the United States as holder of executive power and Commander in Chief. The “one supreme Court” found in Article III of the Constitution has never been ordained and established by Congress, so it does not exist. Who could appoint the Judges of such a constitutional court? Ever since George Washington took the oath of Office of President of the United States every person elected to the Office of President has taken the same oath and has left the Office of President vacant. The written Constitution in Article II Section 2 identifies the President as having the “Power, by and with the Advice and Consent of the Senate”…to appoint “Judges of the supreme Court.”

The President of the United States and not the President appoints Justices to a Supreme Court created by legislative power derived from the power to administer the territory and property belonging to the United States of America. Could a President of the United States of America appoint Judges to the “one supreme Court?” The President of the United States of America could only do so if he or she had sworn or affirmed the Article VI “to support this Constitution.” Taking that oath “Adopts” the Constitution by the person who holds the Office of President thereby validating judicial appointments to Article III courts, provide the Advice and Consent of the Senate is obtained.

Practically no one in America knows that the President of the United States has no definite term of office and there are no qualifications to hold that office. The Office of President is not the same as the President of the United States of America, even though the Offices are occupied by the same person. Those Offices would be occupied by the same person, if the President Elect had ever taken the Article VI oath “to support this Constitution.” This information is presented in what may seem to be a very repetitive manner for the purpose of accurately identifying the three Offices of President and to make it easy for the reader to verify the information against the written Constitution or the Internet. Government, media and public education have had more 220 years to fool the public I only have a few pages to teach you how to read the Constitution as it was really written.

Washington was elected to the Office of President on February 4, 1789, but he took the oath of Office to the Office of President of the United States on April 30, 1789, the exact date Washington broke the government. Washington had no right to pick himself to be President of the United States, because that self-appointment had to be confirmed by the Senate and it left the Office of President vacant.

To be fair to Washington, the government was already broken when he took the oath of the Office of President of the United States. Government by king or president was permanently broken in America, when the Americans made good on the Declaration of Independence. Government by the consent of the governed meant that eventually very few would willingly consent to be governed except by trickery or deceit. George Washington’s taking of an oath to be President of the United States instead of the oath of Office of President marked the beginning of government by trick and deception. The written Constitution is the Government’s manual for the institution of trickery and deceit as national policy. The coronation of George Washington was disguised as an inauguration, but the event launched the Presidential trinity of President of the United States, President of the United States of America and Office of President. The substitution of the President of the United States for the Office of President far surpasses any other past act of deceit because it is still undetected. That, of course, will end with the publication of this report.

The national government cannot be trusted founded as it is on the intentional vacancy of the Office of President and the continual deceit of the President Elect’s self-appointment to the Office of President of the United States. George Washington expected to be discovered at any time, so plausible deniability was written into the Constitution for his protection. Doubters need look no farther than Washington’s second inaugural address for signs of Washington’s misgivings that he might be found out. As you read on, you will find that the Constitutional Convention created for Washington a series of qualifications that he could not meet to be the first holder of the Office of President making it very convenient to take the Office of President of the United States to save the country from chaos. Four years after he failed to qualify to the Office of President, George Washington did qualify to the Office of President. His second term he had to cheat and take the oath of the Office of President of the United States again.

Fixing the United States Government is as easy as taking the oath of Office of President of the United States that is found at Article II Section 1 Clause 8 and moving it to Article I where it belongs. Moving the oath to where it belongs could be proposed by the Libertarians as an amendment to the Constitution. The problem of bad government lies in getting a President Elect to take the right oath. If the right oath was taken, the Constitution and the United States Government would then make sense. If the oath of the President of the United States appeared after Article I Section 3 Clause 5, it might be confused with an oath of the Vice President of the United States, but it wouldn’t be confused with the oath of the Office of the President.

The next President Elect must take the Office of President by swearing or affirming, “to support this Constitution,” the correct Article VI oath. The President should then appoint someone sufficiently competent to the Office of President of the United States, so that the approval of two thirds of the Senate could be obtained. The government was broken by George Washington when he appointed himself to be President of the United States and allowed everyone to believe he was President of the United States of America under the Articles of Confederation, President under the written Constitution and President of the United States, an Officer of the Congress of the United States. The government can only be fixed by a wide scale admission that every President Elect has been wrong before and the former erroneous tradition will no longer be observed. Now, that is change that can be believed.

Continue Reading: http://freedomforallseasons.org/ConstitutionalRelatedReports/Constitution%20-%20George%20Washington%20Jailer%20And%20Tax%20Collector..htm

You too can make the District Attorney speechless in under 4 questions!

My (very interesting) conversation with a couple of Washington County District Attorneys

Handing out copies of my book in front of the courthouse and jail.

Last week when my sister was being held illegally against her will, I went and handed out free copies of my new book Freedom from Government; How to Reclaim Your Power around the courthouse and jail area. I had nice pleasant conversations with many people, but I had one book left and I happened upon a male and female attorney having a casual conversation and even playing on a recently felled old growth in front of the courthouse.

I approached them and asked Are you attorneys?

They replied, Yes, we are.

And I said, You dont mind me asking you a few questions do you?

And the male attorney standing on a large log says, You dont already have an attorney do you?

I replied, Definitely not. as I removed the last of my books that I had brought with me from my briefcase, flipped open to chapter 2, titled Attorneys and Representation.

I wasted no time and immediately went on with So, as an attorney where does your loyalty lie? To whom is your first duty? The court, or the client?

He gave an answer that was obviously easy for him, almost like an honor student in school he replies, matter-of-factually, We swear an oath to the State of Oregon.

To this I respond, So your loyalty is not with the client. I continue, And now that we know to whom your loyalty lies, maybe we should investigate an attorneys actual relationship with his client.

I address the male attorney again, Are you familiar with the Corpus Jurus Secundum, legal encyclopedia? The rulebook for attorneys

He replies, Yes, we used it in school.

I start reading from chapter 2 of my book, quoting from their own rulebook, A client is one who applies to a lawyer or counselor for advice and direction in a question of law and then further in the paragraph Clients are also known as Wards of the court in regard to their relationship with their attorney.

The male attorney does not respond, so I continue, So what exactly is a Ward of the Court?And without waiting for a response, I continue with, A Ward of the Court is defined by the supreme court as; Infants and persons of unsound mind, placed by the court under the care of a guardian.

I get the vibe that these people do not want to be talking to me all of the sudden, but I was not done quite yet, I went on with, Are you familiar with the term Properia Persona?

The male attorney continues with, I think I heard about that in school what does it mean?

And then I make him instantly regret asking me that. I respond, Well, you are aware of persons representing themselves Pro Se, correct? I dont get how someone can represent themselves, if they just are themselves, so when I go to court it is always in my Properia Persona which is Latin for my Proper Person.

I knew our conversation would not last much longer, so I started wrapping up by saying, Are you familiar with the difference between making a special versus general appearance in court?

The male attorney responds with, Do you do seminars?

I respond with a drawn out, Not yet.

Then I said, The only reason I am out here today is because my sister is being held without consent and jurisdiction in the jail, and they are lucky it isnt me in there because I know my rights! And just so you know, I am going to be out here giving out my book and talking to people every day until my sister is free.

And I notice the first activity from the female attorney she is frantically texting someone on her iPhone

I begin to walk away but first, I ask the male attorney if he would like a copy, and then I give him my last book that I brought. We need to educate even them, and all the other public servants of their proper place and how they are working for us, not the other way around.

My sister was released from custody an hour later, and I realize that perhaps that female attorney that remained silent was the one with seniority from the district attorneys office (what other attorneys would be on recess in their playground in front of the courthouse?), and I dont know for sure, but I think I may have had something to do with my sisters expedited release.

My sister was initially accused and charged with assault, but like magic, now has no resulting court dates, no release agreement, never even saw a judge, no fines, probation, or ANY OTHER RESULT. The case just disappeared. Smart girl even got officer Lapine of the Hillsboro City Police Department in Oregon to agree to a $50,000 contract to see her identification.

If you havent guessed already, you NEED TO READ MY BOOK! I made the District Attorney SPEECHLESS in less than 4 questions. Dont you want or even NEED this power as well? Reclaim your power! Get your hands on the book now! ONLY at shop.freedomfromgovernment.org

I have to say that the $25 I paid for this book was the best money I ever spent! Carrie Bradshaw
Click here to purchase "FREEDOM from GOVERNMENT; How to Reclaim Your Power" NOW!

Want to learn more? (So much more you will be BLOWN AWAY!) Get your hands on a copy of the book!

Not to mention all the other tools, tags, stickers, spygear, and more for you to reclaim your inherent power and natural rights. Visit shop.freedomfromgovernment.org today!

Keywords: jurisdiction, authority, Oregon, district, attorney, Washington, county, Oregon, police, court, sheriff, deputy, certificate, money, debt, constitution, power, inherent, natural, law, legal, good morning America, hunger games

SOURCE: http://freedomfromgovernment.org/ You too can make the District Attorney speechless in under 4 questions! Originally posted March, 2013.

“Gov’t Offices are Vacant”- All Gov’t Officials are “Private Contractors”

Yes, you read that correctly; it is true, and is now on the court record; black ink on white paper. Please read on:

A lot of us have been exposing the crime of the UNITED STATES corporation for many years, but until recently, no one has had the proof that all government offices are vacant; no one is home; those supposed government offices/agencies are being occupied by PRIVATE CONTRACTORS and are NOT being occupied by a legitimate government body.

This is equivalent to the ice cream man knocking on your door and extorting taxes from you. He has no lawful authority to do anything other than drive the ice cream truck – he’s not a government official; he’s an ice cream man.

Your supposed government officials are nothing more than ice cream men/women who are fraudulently extorting money from you and your family; throwing you in prison; taxing you to death; stealing your children and imposing their will on you, and enforcing their own internal-statutory rules and codes upon you and your family.

Rod Class has now received FOUR Administrative Rulings that prove what many of us have felt to be truth: What you think is government; what you think are legitimate Government Officials/Senators/Congressman/Policeman/Governors/Tax Collectors, etc. are nothing more than private contractors, extorting money from American Citizens and failing to pay off the public debt as they are instructed to do by the 1933 bankruptcy.

What they have done is this:

These people have switched places with the average American Citizen. They are enforcing their own Administrative codes, that are only meant for THEM, upon regular Citizens who are not being paid by the corporation. The supposed elected officials have hoodwinked the country into an employment position without pay. They themselves are taking public money to occupy government seats/positions/agencies, when they are nothing more than private contractors … Felony!

They are treating us as if we are paid government employees; enforcing their own internal rules-regulations-codes, and statutes on the average Citizen, as well as conveniently forgetting to send us our weekly/monthly government employment check.

I’ve been preaching this for the last year + with no avail on this forum. Perhaps now, people will begin to listen and take action.

In these radio shows, Rod explains his Administrative Rulings from the various Judges; explains the con, and shows you, where in their very own US Codes the above aforementioned information is spot on.

There are a few shows you need to listen to, and here are some bullet points of those shows:

1. All BAR attorneys are prohibited from representing John Q. Public; can only represent gov’t officials and employees within their own agencies, their BAR Charter says so.

2. Any Judge that prohibits you from representing yourself or hiring a defense other than a BAR attorney, are in fact, committing a felony on the bench in violation of the Taft-Hartly Act (running a closed union shop) and the Smith Act (overthrow of Constitutional form of Gov’t)

3. Anytime an BAR attorney represents someone in a case against you, you can now claim that person is incompetent; a ward of the state, with no standing to sue.

4. Any and all tax collectors, police officers, sheriffs dept’s, DOT, tag agencies, BAR attorneys, Judges, Highway Patrol, supposed elected officials, are nothing more than private contractors, who can now be brought up on fraud charges for impersonating a public official while receiving federal funding.

5. Any and all home, vehicle, credit card loans are supposed to be discharged through the Treasury window, in compliance with the 1933 bankruptcy laws. These scumbags are double dipping and never discharging the debt like they are supposed to. They are embezzling the funds and pocketing them for themselves.

6. Every person sitting in prison today was railroading by a BAR attorney who’s first allegiance is to the State; who had no lawful authority to represent them; who worked in concert with the State to perpetrate a fraud upon it’s victims.

7. Orders from Administrative courts prove for the fourth time, an agency of the State is NOT an agency under the State.

8. Elected Officials are claiming 11th Amendment sovereignty, when it’s actually you and I that hold 11th Amendment sovereignty. They are getting paid by the corporation, you and I are not.

9. They have admitted to the crime of no one actually holding a public office; they are filling corporate seats and defrauding the public.

10. Political subdivisions are not getting their 40% funding from the Feds as they are supposed to get.

11. These Judges have admitted (black ink on white paper) that all these State Offices are ……….. EMPTY!

12. Now we have Administrative paperwork – ruling these public offices aren’t part of the State agencies.

13. Attorney Generals may not practice law; can’t represent the people who are not public officials.

14. If the State is a 3rd party interloper in your Marriage (marriage license); Vehicle Title (State Registration), etc. then they are liable for 1/3rd of the cost to manage the daily activities of that contract.

15. If the State demands you have a Drivers License and Tag your vehicle because it is registered with the State, then as the owner of the vehicle, the State is required to pay for the vehicle, the tags, licensing, fuel, tires, oil, etc. and they are also to pay you a salary for driving a State owned vehicle; it says so in their own Highway Safety Act and USC – CFR rules and regulations.

16. We now have the court orders that goes back and nullifies any and all IRS and Tax cases, Foreclosures, Credit Card Debt, cases or actions. These people never had the lawful right to demand anything of you; they are corporate actors, not a legitimate government body.

17. Judge admits the 1933 bankruptcy, and no way to pay off anything because of Federal Reserve Notes; all public debt is t be discharged through the Treasury.

18. Only the Secretary of Transportation can hear traffic cases; all traffic cases are civil, not criminal.

19. If you’re not being paid for you time, you are not required to have one of their CDL or CMV licenses; it’s prohibited.

20. Says we now have a major labor dispute on our hands; US corporation running a slave racket against American Citizens without the pay.

21. United States Codes (USC) and Titles #1 thru #50 are void; have never been passed by Congress; all have been repealed.

As I’ve been saying for a very long time on this forum: If you are not getting a weekly or monthly paycheck from the so called federal government aka UNITED STATES or one of it’s sub corporations such as the STATE OF ***, then their statutory rules (not laws), codes and regulations DO NOT APPLY TO YOU ……… Period!

There is so much information packed into these last six calls, I can’t even begin to share it in this post. If you want your freedom; if you want to know with 100% surety that the foreign corporation known as the UNITED STATES has zero authority over you unless you are receiving a weekly paycheck from them, take the time to listen to call #646 through #651 here:

http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=4…

Scroll down the page and click on the orange “Listen” button; a pop up player will appear for your listening pleasure.

And believe me: This is pure listening pleasure, with the court filings; rulings and US Code to back it all up.

By the time you finish these few short shows, your fear of the government will be a thing of the past.

Also, many of Rod’s current filings against the infrastructure are at: http://harveyw26.minus.com …some may be easy to download, some may not !

Hopefully now in light of these Administrative Court Rulings people will now come to realize the fact, that Unless You Are Getting A Weekly Check From Government, Their Statutory Rules-Codes-Regulations They Put Off As Laws, Have Zero Force Or Effect On You Personally

No Contract = No Jurisdiction

Did you fill out an employment contract with the State; are they paying you for your services? If not, why the hell are you following their rules?

This is how we change our current form of Government back to the Republic is was initially intended to be.

If you don’t take the time to listen to at least those last six shows at the link above, you are overlooking the most important information ever to come to light within the Liberty Movement.

Stop looking for a savior to save us from tyranny and listen to the shows I’ve provided. Now you are your own savior – Individually, now you can make a HUGE difference in our political structure and form of government.

HOW TO DO A PROPER REFUSAL FOR CAUSE


HOW TO DO A PROPER REFUSAL FOR CAUSE (DISPEL CONTRACTUAL ACCEPTANCE PRESUMPTION)

Refused for cause example

This is quite the complex process, simple though it is, simply because one needs to have irrefutable proof that any presentment has been properly refused within the timeframe permitted for Refusal for Cause (aka R4C) – generally within 72 hours.

The law behind the Refusal for Cause comes from our right to refuse to contract with whomever we do not wish to contract with. This principle is addressed in Truth in Lending Act as well as the U.C.C. (Uniform Commercial Code) §2-207(c) and §3-501(b). These sections state as follows:
Ҥ 2-207. Additional Terms in Acceptance or Confirmation.

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
(a) the offer expressly limits acceptance to the terms of the offer;
(b) they materially alter it; or
(c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received [emphasis added].

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

Please note specifically section (c) above, which states, “Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.” This is the basis of the Refusal for Cause process. The accepted time frame (as stated in Regulation Z of the Truth in Lending Act) is generally 72 hours or 3 days.

Refused for cause example

“§ 3-501. PRESENTMENT.(a) “Presentment” means a demand made by or on behalf of a person entitled to enforce aninstrument(i) to pay the instrument made to the drawee or aparty obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.(b) The following rules are subject to Article 4, agreement of the parties[emphasis added], and clearing-house rules and the like:(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whompresentment is made; and is effective if made to any one of two or more makers,acceptors,drawees, or other payors.(2) Upon demand of the person to whompresentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3) Without dishonoring the instrument, the partyto whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule [emphasis added].

(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing ofinstrumentspresented for payment or acceptance and presentment is made after the cut-off hour.

Each and every state has added the U.C.C. to their statutes, so you will also need to do a search of your state’s statutes to ascertain the corresponding statute(s) for your state. For instance, in the state of Oregon, UCC 2-207 is labeled O.R.S. (Oregon Revised Statute) 72.207. See, they even kept the numbers the same, except for that it is now a part of Chapter 72.

Refusal for cause example

When we receive a presentment from anyone, we have the right to refuse to contract with them. This is based on the fact that they are intruding or appealing to us on our own territory, which gives us the right to refuse. This is not the case if we go to someone else’s home or place of business and contract with them there. This only applies if we are contacted while we are on our own territory. This includes service of process by process servers (i.e. lawsuits), by the postal service (i.e. suits delivered by mail, bills, debt collectors, notices, fines, and etc.), or by officers of the law while we are driving our vehicles on the roads. The last item is because we have the constitutional right to travel, and they are stopping us on our territory – our vehicle.

When you determine you want to refuse any presentment for cause, you will need to write across the face of it (and also on all pages) in bold red letters “Refusal for Cause.” You do not need to actually state the cause, however.

Take a quick trip to the post office and pick up a few red Registered Mail stickers. You will need one for each Refusal for Cause that you are mailing back to the Presenter.

Next write up a cover letter that goes with the item you are Refusing for Cause. This gets sent back to the Presenter (whoever it was who mailed you the Presentment). Make sure you put the date on it and identify yourself as well (standard letter format). The body of the letter should have words to the effect of, “I am returning your Presentment marked Refusal for Cause in a timely manner in accordance with U.C.C.

2-207(c) and U.C.C. 3-501(b)(3) (or the corresponding statute(s) for your state). Please cease and desist all further communication with me in regards to this matter.” ALSO (very important!) write or type in the Registered Mail (RA) number from the red registered mail sticker opposite the name and address of the Presenter. (This is the sticker that you will have hopefully gotten from the post office in advance; try to keep some on hand at home for future presentments). Sign the original cover letter in blue ink.

You will next need to put the original cover letter and the red-marked original presentment in your copy machine. Make one copy of the entire stack. Staple the originals together, and staple the copies together. Get the envelope ready with the Presenter’s name and address on it; take both the original R4C and the copy with you and head on over to the post office. Don’t forget the envelope!

Now, this is where things get interesting. You will need the postal clerk’s help in proving beyond the shadow of a doubt that you refused in a timely manner. Keeping this in mind, you will need to send the original presentment back using registered mail. This is because by use of registered mail, the contents are guaranteed. Certified mail only guarantees the envelope, not its contents… Registered mail is much more expensive, but worth the peace of mind in knowing that the process is irrefutable in case it needs to be produced in court at a future time.

Once you get to the counter, show the postal clerk both the original and the copy of the mailing. Ask them to review that the RA number you have placed on your cover sheet is the same as appears on the sticker that will be affixed to the outside of the envelope. Once they review and verify that the number is correct, have them use their round-stamp close to the RA number on both the original and the copy of the cover letter. This is the disinterested 3rd party witness! It verifies that the contents went in the Registered Mailing as stated on your cover letter.

Yes, we will be using the postal clerk to help us perfect process, and they act as our disinterested 3rd party witness!

Next, ask the postal clerk for 2 (two) certificates of mailing (PS Form 3817, the current cost is $1.05 each). Also tell the clerk that you will need a green return receipt requested card to go along with the registered mailing.

Fill out both certificates of mailing and the green return receipt card. The certificates of mailing will be affixed in a permanent way to both the original and the copy of the cover letter. The bottom right hand corner is a good spot. Before you affix these to the cover letters, put $1.05 in stamps (not metered stickers) on each certificate of mailing (total cost $2.10). You will affix these to both cover letters (the original and your copy) with two strips of clear packaging tape. BEFORE the clerk affixes the certificate of mailing to the cover letter, have him round-stamp the certificate of mailing on at least two edges (half-on, half-off) of the certificate, with the cover letter in place beneath it. After they are round-stamped (half-on, half-off), they can be affixed permanently with the packaging tape, and hope that the clerk does a fairly decent job taping it so the round-stamps line up pretty well. Do this on both the original R4C and your copy as well.

This process makes it virtually impossible for any Presenter to remove the certificate of mailing, which is irrefutable proof that you mailed it back within the three-day time-frame permitted by law. Having the round-date stamp on both the certificate of mailing and the cover letter that it is attached to (one-half of the stamp on the cover letter, the other half of the stamp on the certificate of mailing) makes it virtually impossible to remove without glaring evidence that it has been tampered with.

Additionally, your copy of the R4C, with the clerk’s original round-date stamp verifying the RA number, and with the permanently affixed certificate of mailing, will be absolute proof-positive in any court of law, proving that you did Refuse for Cause in a timely manner.

The clerk will ask you to insert the contents to be mailed into the envelope, which will then be sent registered with return receipt requested. Make sure you mail the original back to the Presenter, not your copy…

Lastly, be sure to attach the green return receipt to your copy of the R4C when you get it back in the mail.

I personally know someone who had his daughter use this process to have a DUI abated! So it does work! (Of course, you should also write “without prejudice” after your signature on your driver’s license, in accordance with U.C.C. 1-308, Reservation of Rights, but this is another subject altogether).

Best of luck!

Also, you can copy this jpg file and paste it on your instruction letter. That way they will affix the postage directly to your letter and it won’t get lost or become unattached!

Certificate of Mailing