Part 8 Lawful contracts

Transcription

1 Creation Laws of Creation Humans Common Law Governance Acts, Bills Statutes etc Corporate Oligarchy Part 8 Lawful contracts

2 What is a contract? Blacks Law Dictionary 4 th ed. 394 A promissory agreement between two or more persons that creates, modifies, or destroys a legal relation. An agreement upon sufficient consideration, to do or not to do a particular thing.... Preliminary step in making of which is an offer and acceptance by other, in which minds of parties meet and concur in understanding the terms.

3 Contents of a contract 1 of 2 1. Two or more people or parties. People are lawfully responsible as explained in part 2, but man made entities can only be legally held liable as they are derived from man made law. HENCE only enter into contracts where a named person authorised by any entity. That allows lawful and legal recourse if needed!

4 Legalese is NOT English! Legalese is the language the legal system is based on (see part 7). You are the illiterate person and hence they force a lawyer / solicitor / defender on you failing which they cannot proceed as they know you do not speak the legal language... By accepting legal representation you are declaring yourself illiterate. LAWFULLY the language you are taught is English so only enter contracts that are written in English so that you understand it! LEGALESE IS A DIFFERENT LANGUAGE. Stay with what you know lawful! 99.9% of us are law abiding people!

5 What is a person? person n. A living human. Blacks Law Dictionary p1299 A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes. The word in its neutral and usual signification includes women as well as men. Term may include artificial beings as corporations,...

6 What is a man and woman? MAN. Blacks Law Dictionary p1112 A human being... A male of the human species above the age of puberty. WOMAN. Blacks Law Dictionary p1779 All the females of the human species....

7 Contents of a contract 2 of 2 2. An offer of a promise to perform. For a meeting of the minds both parties must understand what is to be done and when. 3. An acceptance of the consideration requested for the promise to perform. For a meeting of the minds both parties must understand what consideration is to be given and when.

8 Types of contract. 1. Two or more people or parties. 2. An offer of a promise to perform. 3. An acceptance of the consideration requested for the promise to perform. This can be done in any manner however should a dispute occur the claimant must prove their claim!

9 Proof of contract. It is most difficult to prove a verbal contact. A written contract signed by both people is easy to prove so put it in writing if it is important, and keep it in a safe place! And if important... Get someone to witness the contract!

10 Example of a contract. I made a verbal contract on the phone. I stated what I wanted to be done, for which the other person stated his required consideration, which I accepted hence that was a lawful contract. This was followed up by written confirmation as shown on the next slide.

11 Example of the contract written confirmation On 10/11/ :17, Marc Horn wrote: Hi Xxxxxx, Thanks for your time on the phone earlier. To confirm; 1- Both properties are to be transferred into my sole name, Marc Horn 2-56 Mill XXXX in the land registry is our joint names, 3- Unit 609 contracts have been exchanged in our joint names, however the sale is not yet completed. I herewith confirm my agreement to your engagement, subject to Xxxxx confirmation replying to this to both of us, to complete the transfer of the 2 above properties into my sole name, Marc Horn, (address removed) As discussed if you can have it all ready, we will be in Liverpool from next Wednesday, the 18th November, and we will confirm a pace to meet to sign the necessary documents. Thanks and Regards, Marc

12 Example of the contract written acceptance address hidden 20/11/15 at 2:14 PM ToMarc Horn CC hidden Message body Dear Marc hidden, It was good to speak to you earlier. I now have confirmation of the steps required to be taken and can confirm as follows:- Mill View A formal transfer is required from both names into Marc's sole name. Accordingly I have enclosed the Transfer deed for signing and return to me. Both of you will need to sign in the box and Marc also has to sign below. All signatures will need to be witnessed. Once the document is returned to me I will proceed to register the transfer. A certificate is required from the Developer's solicitors regarding the transfer and I have requested this (and details of any fee). Once I have that I will confirm the sums to be paid to finalise this transfer. Austin Hall As this has not completed as yet I have requested that the completion documents (Lease/ Management Agreement) are generated in Marc's name only and trust that this will not be a problem. Please execute the Mill View transfer deed and pop it in the post to me and I will to confirm receipt when it lands. Kind Regards, Name hidden

13 So what I wanted... We have a separate contract for the transfer of this property to my single name... releasing the liability from joint to single person... Requiring the deletion of the second owners name and address... All other terms of the lease unaltered.

14 And what I got so far!!! DEED OF COVENANT THIS DEED OF COVENANT is made the day of 20 BETWEEN (1) MARC HORN of (my address) (hereinafter called the Tenant ) of the first part and (2) TUSCOLA (FC101) LIMITED (Company Registration No: ) whose registered office is situate at Commerce House, Wickham Cay 1, PO Box 3140, Road Town, Tortola, BVI VG1110, British Virgin Islands ( hereinafter called the Landlord ) of the second part. WHEREAS:- 1. By a Lease dated 27 June 2013 and made between Mill View Living Limited of the first part and (name and address hidden) Marc Horn of the second part and registered under title number MS (hereinafter called the Lease ) the Apartment known as Apartment 54 (Plot 56) Mill View, Rutter Street, Liverpool, L8 6TL (hereinafter called the Property ) was together with rights but except and reserved and subject as mentioned in the Lease demised unto Katherine Tee and Marc Anton Paul Horn for the term of One Hundred and Twenty Five years less 3 days from the 30th day of March 2012 subject to the payment of the rents thereby reserved and the Tenant s covenants and conditions therein contained including a covenant not to assign or underlet the Property without prior to such Assignment or Underlease requiring the Tenant to enter into a Deed of Covenant in the form of these presents. 2. The reversion immediately expectant on the Term created by the Lease is now vested in the Landlord. The Tenant is about to acquire the Property for the residue of the Term granted by the Lease and has agreed with the Landlord to enter into these presents. NOW THIS DEED made in pursuance of the recited agreement WITNESSETH as follows:- 1. IN CONSIDERATION of the Property the Tenant hereby covenants with the Landlord as follows: To pay the rent and other monies thereby reserved and to observe and perform all and every one of the Tenants covenants conditions and provisions contained and referred to in the Lease. 1.2 If the Tenant or his personal representatives shall assign or underlet the Property he or they will procure that the person or persons to whom the Property is assigned or underlet will prior to the assignment or underletting thereof enter into a covenant with the Landlord in similar form to these presents. 1.3 To pay to the Landlord or their Solicitors the proper costs and disbursements (plus VAT and any other tax thereon) in respect of the preparation and completion of these presents and any stamp duty thereon. 2. IT IS HEREBY DECLARED that if the Tenant consists of two or more persons all covenants on the part of the Tenant herein contained shall be deemed to be by such persons jointly and severally. 3. The Landlord and the Tenant do not intend that any of the terms be enforceable by virtue of the Contract (Rights of Third Parties) person not a party to it. EXECUTED as a Deed by the parties on the date which first appears in this instrument. SIGNED as a DEED by ) MARC HORN ) in the presence of ) Signature of witness Name (in block capitals) Address Occupation

15 Problems with the contract. No time was specified for the required performance!!! And it is still not complete now (22 June 2017)! My Response so far...

16 DEED OF COVENANT THIS DEED OF COVENANT is made the day of 20 BETWEEN (1) MARC ANTON PAUL HORN of PO Box 579, Safat, KUWAIT (hereinafter called the Tenant ) of the first part and (2) TUSCOLA (FC101) LIMITED (Company Registration No: ) whose registered office is situate at Commerce House, Wickham Cay 1, PO Box 3140, Road Town, Tortola, BVI VG1110, British Virgin Islands ( hereinafter called the Landlord ) of the second part. WHEREAS:- 2. Who or what is this ALL CAPS that looks like my name using my address?? 1. By a Lease dated 27 June 2013 and made between Mill View Living Limited of the first part and (name hidden) and Marc Anton Paul Horn of the second part and registered under title number This is me as copied from original lease agreement

17 1. Prove Authority from Mill View Living that this entity is authorized to conduct this request to take over the lease from Mill View Living. 2.BVI DEED tax OF haven COVENANT I do not do business with people or organisations that hide from their moral responsibilities. THIS 3. I have DEED started OF only COVENANT to deal with named is made people the as that day way of they 20 can be lawfully held liable for their actions. Accordingly please forward from the owners, and the person dealing with this they BETWEEN are individually and jointly liable for any and all harm this agreement may result in. (1) MARC HORN of (my address) (hereinafter called the Tenant ) of the first part and (2) TUSCOLA (FC101) LIMITED (Company Registration No: ) whose registered office is situate at Commerce House, Wickham Cay 1, PO Box 3140, Road Town, Tortola, BVI VG1110, British Virgin Islands ( hereinafter called the Landlord ) of the second part. WHEREAS:- 1. By a Lease dated 27 June 2013 and made between Mill View Living Limited of the first part and (name hidden) and Marc Horn of the second part and registered under title number... I have a lease with Mill View Living Limited. Why on earth would I want to change this? If they want to change it what is the consideration offered?

18 DEED OF COVENANT THIS DEED OF COVENANT is made the day of 20 BETWEEN (1) MARC HORN of (my address) (hereinafter called the Tenant ) of the first part and (2) TUSCOLA (FC101) LIMITED (Company Registration No: ) whose registered office is situate at Commerce House, Wickham Cay 1, PO Box 3140, Road Town, Tortola, BVI VG1110, British Virgin Islands ( hereinafter called the Landlord ) of the second part. WHEREAS:- 2. Here is the sneaky transfer to TUSCOLA of the lease THE REST IS PART OF MY EXISTING LEASE SO I AM ALREADY CONTRACTED INTO THIS BUT ON REFLECTION Here is the sneaky transfer to TUSCOLA of the lease. 2. The reversion immediately expectant on the Term created by the Lease is now vested in the Landlord. The Tenant is about to acquire the Property for the residue of the Term granted by the Lease and has agreed with the Landlord to enter into these presents. 4. This is a lie I already own the property 1. Why would I give my lease away without consideration? 3. This is a new sentence which is an impossibility as I own the property.

19 1. What do they want in exchange for my request to have sole ownership That I agree to the following terms... NOW THIS DEED made in pursuance of the recited agreement WITNESSETH as follows:- 1. IN CONSIDERATION of the Property the Tenant hereby covenants with the Landlord as follows: To pay the rent and other monies thereby reserved and to observe and perform all and every one of the Tenants covenants conditions and provisions contained and referred to in the Lease. 1.2 If the Tenant or his personal representatives shall assign or underlet the Property he or they will procure that the person or persons to whom the Property is assigned or underlet will prior to the assignment or underletting thereof enter into a covenant with the Landlord in similar form to these presents. 1.3 To pay to the Landlord or their Solicitors the proper costs and disbursements (plus VAT and any other tax thereon) in respect of the preparation and completion of these presents and any stamp duty thereon. 2. IT IS HEREBY DECLARED that if the Tenant consists of two or more persons all covenants on the part of the Tenant herein contained shall be deemed to be by such persons jointly and severally. 3. The Landlord and the Tenant do not intend that any of the terms be enforceable by virtue of the Contract (Rights of Third Parties) person not a party to it. Delete What the hell does this mean?????? Terms can only be enforceable between contracting parties and no one else!!!

20 2. Because this is a DEED of Covenant EXECUTED as a Deed by the parties on the date which first appears in this instrument. SIGNED as a DEED by ) MARC HORN ) in the presence of ) Signature of witness Name (in block capitals) Address Occupation 1. Why am I asked to sign this and not another party? Black Law Dictionary p502 DEED. A conveyance of realty, a writing signed by grantor, whereby title to realty is transferred from one to another. So this DEED would allow the transfer of the property from me to TUSCOLA, who in turn transfer it back to me.

21 The obvious question is hence... Whose interest do solicitors / lawyers or what ever they call themselves representing???

22 Solicitors / lawyers or what ever they call themselves represent their own interest, and need to keep you fighting to extract as much from you as they can. They will NOT shit on one another due to their oath to the BAR of which all must be members to practice!

23 Legalese is NOT English! Legalese is the language the legal system is based on (see part 7). You are the illiterate person and hence they force a lawyer / solicitor / defender on you failing which they cannot proceed as they know you do not speak the legal language... By accepting legal representation you are declaring yourself illiterate. LAWFULLY the language you are taught is English so only enter contracts that are written in English so that you understand it! LEGALESE IS A DIFFERENT LANGUAGE. Stay with what you know lawful! 99.9% of us are law abiding people!

24 A Contract is a promise of performance Remain in honour and stick to your promises! If you have entered an unlawful contract take responsibility for your intent and remain in honour.

25 The true pyramid of power starts with me! Creation Laws of Creation Common Law Governance Acts, Bills Statutes etc Corporate Oligarchy