|
|
|
Those
Chains That Bind You!
Original Source Unknown Evidence of the contract between the state and the natural person is the marriage license, birth certificate, driver's license, social "insecurity" number, and the like. Of course, the nature of these licenses does not meet the specific requirements of a contract; however, they do have the effect of being acted upon like a contract. In past issues we have addressed the constructive or quasi-contract, and we have a position paper available on that subject. We are often asked how important it is to rescind these contracts, how do you get rid of them, and what do I do when they send my rescission back without an answer? The answer to the first question is one of individual preference. Obviously, if a person doesn't want to subscribe to a daily newspaper any longer, the contract must be terminated; likewise with rescissions of quasi-governmental contracts created by legislative fiat. If a person likes the terms and conditions of the contract, they should keep the license. However, if the terms of the contract are no longer acceptable, the contract must be rescinded. Our position has always been, if you have the driver's license, obey all traffic regulations. If you have the social security number, pay your income and social security taxes. However, if you do not want these obligations, you must rescind the quasi-contract. A person must immediately rescind any contract that has been entered into by fraud and false representation when he learns of the fraud, or the contract will remain in effect. The courts have said:
Rescission of a contract on the ground of fraud is not a mental process undisclosed and unacted upon. It requires affirmative action immediately on its discovery; some overt act and outward manifestation of the intention to clearly apprise the other party to the contract of the right asserted. Melton v. Smith, 65 Mo. 325; Walters v. Miller, 10 Iowa 427. The duty of rescinding arises immediately upon acquiring knowledge of the substantial and material facts constituting the fraud. It is not requisite that the defrauded party shall be acquainted with all the evidence constituting the fraud before the duty to act by way of rescission arises. When he has evidence sufficient to reasonably actuate him to rescind the contract, and once he has acted, no subsequent discovery of cumulative evidence can operate to excuse waiver of the fraud, if such evidence has in the meantime occurred, or to revive a once lost right of rescission. The election to waive the fraud once deliberately made is irrevocable. Vacillation or speculation cannot be tolerated. Campbell v. Flemming, 1 A. & E. 40; Fry on Specific Performance on Contracts (2nd ed) Sections 703 & 704; Bach V. Tuch, 26 N.E. 1019; Taylor v. Short, 17 S.W. 970.
For PayPal payments, use Pharos_Website@frontiernet.net.
|
Instruments
may be rescinded and canceled when they have been obtained from persons
who were at the time under duress or incapacity. French's heirs v. French,
8 Ohio 214; Cook v. Toumbs, 36 Miss 685.
Apart from judicial proceedings the communication of the desire to rescind need not be formal, but it must be a distinct and positive rejection of the contract. L.R. 9, Eq. 263. From the above, it can be concluded that in order to rescind a contract a person must allege fraud, ignorance of law, mistake of facts, have been under duress, or incapacity (minor) at the time the contract was entered into. The answer to the second question has a non-specific answer. All rescissions must be tailored to the individual situation. There should be no fill-in-the-blank rescissions, as the circumstances surrounding each quasi-contract are different. The final question is what to do when the agency involved sends the rescission back. There are basically two alternatives. 1. Do nothing: Once the contract is rescinded, it is rescinded. The argument that you do not have the contract is still valid. Your argument is that you do not have the contract. If the opposition says you do, the burden of proof is on them. 2. Fight: If you want to push the issue, the rescission may be sent back with an explanation of why you have rescinded the contract. Arguments can be taken from our position paper on Constructive contracts. When that fails, an action lies in the judiciary. Like everything else, what you do is up to you. Microserv Customer Extort Update 2 Sam Aurelius Milam III Kevin Hemsley, of Microserv1, is continuing to demonstrate his vengeful and spiteful nature. Since he unilaterally and without notice canceled my account, which at the time was paid in advance for the next three months, he has been intercepting my e-mail. I know that because e-mail sent to the old addresses doesn't bounce. Thus, it is being received. However, he isn't forwarding the e-mail to me. I know of at least three people who sent e-mail to me at one of the old addresses and believed that I had received it because it didn't bounce. This would be a good time for some support from some of my supporters. His e-mail address is kev@ida.net. The mailing address and phone number are in the footnote. I suggest that you all contact him about his arrogant and unethical behavior.
Letters to the Editor This is a reply to "Microserv Customer Extort Update", on page 2 of the October issue. editor
Given your experience with the emotional cripple, the cancellation without notice should not have been a surprise. Did you really think the emotional cripple would not try to hurt you as much as possible? Did you get your money back? If not, send your articles for publication to the papers local to that area. Unless they are in the same lodge, your articles have a fair chance of being published. The alternative is to sponsor it as a paid advertisement. Given their continued abuse, it is best that you are no longer their customer. I would suggest you do not send them a courtesy copy as they have yet to display any courtesy to you. Sir James the Bold
I didn't get my money back. Also, the local papers are, indeed, in the same lodge. In a Ward, you might say they all have a Stake in it. By the way, I recently received a letter from Microserv regarding the cancellation of my account but I have declined to print it here because I do not knowingly print lies in this newsletter. editor
On the one hand you have, "Don't vote. It only legitimizes the police state." But on the other hand, your lead story is by Chuck Baldwin, vice-presidential candidate of the Constitution Party. I'm sure Chuck Baldwin wouldn't agree with your exhortation not to vote. Richard W.
I printed his article not because of who he is but because of the content of his article. Beyond that, he has as much right to his opinions and strategies as I do to mine or as little. editor
For PayPal payments, use Pharos_Website@frontiernet.net.
|
Acknowledgments My thanks to the following: Sir James the Bold, SantaClara Bob, Lady Jan the Voluptuous, and Karl, of Windsor, Connecticut. editor
Heard It On NPR
Dear Heard It On NPR The reel attaches to the rod near your hand and holds the line. A jig is a metal lure that you use near the bottom Alcohol Warning Labels
Frontiersman Cancellations If you don't want to keep receiving this newsletter, print REFUSED, RETURN TO SENDER above your name and address, cross out your name and address, and return the newsletter. When I receive it, I'll terminate your subscription. You may also cancel by letter, e-mail, carrier pigeon, or any other method that gets the message to me. Back Issues Back issues or extra copies of this newsletter are available upon request. Reprint Policy Permission is hereby granted to reproduce this newsletter in its entirety or to reproduce material from it, provided that the reproduction is accurate and that proper credit is given. Please note that I do not have the authority to give permission to reprint material that I have reprinted from other sources. For that permission, you must go to the original source. I would appreciate receiving a courtesy copy of any document or publication in which you reprint my material. Submissions I solicit letters, articles, and cartoons for the newsletter, but I don't pay for them. Short items are more likely to be printed. I suggest that letters and articles be shorter than 500 words, but that's flexible depending on space available and the content of the piece. I give credit for all items printed unless the author specifies otherwise. Payment This newsletter isnt for sale. If you care to make a voluntary contribution, you may do so. The continued existence of the newsletter will depend, in part, on such contributions. I prefer cash, U.S. postage stamps, prepaid telephone cards, and so forth. For checks or money orders, please inquire. For PayPal payments, use Pharos_Website@frontiernet.net. I dont accept anything that requires me to provide ID to receive it. In case anybody is curious, I also accept gold, silver, platinum, etc. Sam Aurelius Milam III, editor
For PayPal payments, use Pharos_Website@frontiernet.net.
|
|
|