home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Current Shareware 1994 January
/
SHAR194.ISO
/
textfile
/
fija.zip
/
WOPREJ
< prev
Wrap
Text File
|
1993-10-01
|
2KB
|
51 lines
WITHOUT PREJUDICE
The Uniform Commercial Code recognizes that it is possible for a
person to get beaten by the opposition. That it is possible for
a person to be commercially coerced into signing a contract that
he would not sign if he had true free agency. The UCC provides
that if you sign a contract under such adverse conditions, and if
you do so "without prejudice" or "under protest," then you
preserve all your rights and can get even (i.e. sue to recover
those rights) later.
------------------------------
Uniform Commercial Code, Section 1-207, says as follows:
"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 benefites 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 his 7th Amendment guarantee of access to
the common law.
Some people are putting the words, "without prejudice" on
everything they sign, above the signature. E.g. they are putting
it on applications for driver's license, tax returns, voter
registration, bank checks--everything.