We are now writing our 3rd Motion to reconsider because Alsup refused to hear our 2255 Habeas Petition. Most people would go to the court of appeals or find another judge through a 2241 motion. When God reveals an enemy to defeat, He also removes any cowardice from His servant. I insist on Alsup giving me what he refuses. This is not pride but a mandate at law. When he refuses to hear us he is violating his oath and his constitution at Article III where the word “shall” address the court’s powers. This was reiterated by Justice Ginsberg in her recent opinion on Bond v. United States, June 16, 2011. So Alsup is the one in his feelings and playing the obstructionist. I will say this as a matter of law, and you can watch the drama unfold upon this stage, he will hear us! Further we will prevail! God’s children never lose as long as they’ll allow their patience to wait upon God’s loving deliverance. This is where I see most abandon their trust of God is when the devil sends his little and I mean puny obstructionist who bark out the inconsequential threats.
The goal of these reconsider Motions is to lay down the law and bring Alsup to repentance or rebellion. He chose obstructionist now it is time to test his commitment to his choice. The delays do not bother me; the peace and joy of God do not depart from His warriors when they are sent far from their comforts. Alsup’s wickedness has always been a boon for us. Only people blind in the spirit can see otherwise. I will update you o this drama at each act.
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109 comments:
Tell Alsup to get a conscience. Yeah, that'll work.
"No human person has the right to disobey God. Nor does anyone have the right to tell others that they may disobey God. In fact, no human society, parliament or ruler has the right to disobey God’s laws – or to tell people that they are permitted to disobey these laws."
We are now writing our 24,453rd Motion to reconsider because Alsup refused to hear our 2255 Habeas Petition. Most smart people would go to the court of appeals or find another judge through a 2241xxx motion. But we are not smot ppls, so we cunt in you on and on...and f***king on....til 2025 when we will get settle mints.
http://www.youtube.com/watch?v=scQQpa_XowE&feature=g-all-u
Start listening at 6:40 where James Corbett talks about how they select who will be the next U.S. president.
Remember all the Dorean Group liens that were expunged? Here's the commercial truth:
An official who impairs, debauches, voids or abridges an obligation of contract, or the effect of a commercial lien without proper cause, becomes a lien debtor -- and his/her property becomes forfeited as the pledge to secure the lien. Pound breach (breach of impoundment) and rescue is a felony.
It is against the law for a Judge to summarily remove, dismiss, dissolve or diminish a Commercial Lien. Only the Lien Claimant or a Jury can dissolve a commercial lien.
If you want Judge Alsup to listen, you need to go after his bond & sue him personally as a criminal for he has acted without jurisdiction, against the constitutional, and against the law. He needs to be booted off the bench. When you can do that, he will listen. Until then, you are wasting your time.
From Johnson's Dictionary of the English Language (1765)
Conscience. 1. The knowledge or faculty by which we judge our goodness or wickedness of ourselves.
When a people have no touch of conscience, no sense of their evil doings, it is bootless to think to restrain them. Spencer
2. Justice; the estimate of conscience; the determination of conscience; honesty.
You need to file a Title 42 action against Judge Alsup. Then he'll listen.
All judges protect each other. If one judge won't help to protect another judge then he probably won't be around very long. All judges are Masons in the sense that they all stick together. A judge who does nothing to help protect his brother Mason, soon won't have his job.
"When he refuses to hear us he is violating his oath and his constitution at Article III where the word “shall” address the court’s powers."
The question is: Have you invoked an Article III court with your declarations? Have you obtained the Judges oath of office and submitted it into the record? Have you bound Judge Alsup to follow the constitution which he made an oath to follow? If not, he is operating under admiralty only & is not recognizing any constitutional stuff.
That's true that Alsup is violating his oath & has committed many felonies, but where there are no consequences, there is no need to listen. Where there is no consequences, there is no need to have a change of behaviour, or change of heart, such as listening. That's simple human behavior 101. You have given Alsup no consequences. He does not fear you. Until you make him fear you, the status quo will never change.
You only encourage and enable a brat that has no real consequences to fear. You are enabling his bad behaviour through your patience.
So he's suddenly going to come to repentence???? I doubt that very much.
Since he is and has been violating his oath of office from the very beginning, just being patient and persistent, and putting no legal pressure on Alsup is going to accomplish nothing.
Without pressure and his fear of losing is finances, his job, his reputation, proof of violation of his oath of office by his ouster, and the bonding company finding him to be the criminal he is, OR THE BONDING FIRM BEING FORCED TO HAVING TO PAY OUT HUGE SUMS OF MONEY DUE TO ALSUP ACTING AS A ROGUE JUDGE, then he will not certainly listen. Unless of course you are dead bent on serving the full 25 years. THE CHOICE IS YOURS.
A leopard does not change his spots.
Without total public embarassment he will not listen.
You don't have to prove 3 times that he is an obstructionalist or a criminal, and he has violated his oath of office. That is a fact and a given. You only have to prove it once, which you already have.
Redundancy is pointless.
Alsups actions have not been a boon to clients in the short term scheme of things. It has been an obvious impediment to the financial stability of Dorean clients such as proof of foreclosures, and living a lower financial standard of living.
All judges protect each other. If one judge won't help to protect another judge then he probably won't be around very long. All judges are Masons in the sense that they all stick together.
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That's a simplistic response which isn't totally true. Cases are overturned all the time, judges don't always agree with other judges. If there are blatant disregards, and obvious mistakes, higher judges are obligated and often overturn lower rulings. They don't want to be ousted from their office by plainly not following the law, nor do they want to be a casualty by the bonding company having to pay a claim.
Such responses as yours, makes a person believe there can never be justice in court, which is also a ridiculous conclusion.
Conscientious.
Lead a life of conscientious probity, as in thought, word and deed to make good the character of an honest man. L'Efir
Why ask Alsup to do anything? Why not go right over him to another judge who will do the right thing? Simple. The answer is that it is not that simple, because your case is not the only thing under consideration. They also consider the consequences of their actions, i.e., what affect will their actions have on other cases, what affect their actions will have on the system in general, how it will affect their jobs, etc., etc. A judge is not supposed to take the foregoing under consideration but they do because they have to. In every case, the plaintiff or defendant are not the only ones under consideration. It APPEARS that they are, but they are not.
You think there is a judge in the system who will do the right thing, like follow the law- the law that THEY wrote. They can obey or disobey their own law, but they can't force it on we the people. They can force it on we the people because of they are ignorant of this:
"No human person has the right to disobey God. Nor does anyone have the right to tell others that they may disobey God. In fact, no human society, parliament or ruler has the right to disobey God’s laws – or to tell people that they are permitted to disobey these laws."
Or I should say, once you've been kidnapped by man and his laws, God's laws no longer apply. You should've known God's law before getting yourself kidnapped.
They don't want to be ousted from their office by plainly not following the law, nor do they want to be a casualty by the bonding company having to pay a claim.
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Why would a judge who swore an oath of office have to be bonded? Isn't his oath his bond? LoL
Obviously, his oath is no good if it has to be bonded. Good luck getting any money from the bonding company, if indeed the judge is bonded, which is doubtful if he has an oath of any kind, because an oath is a man's bond.
Remember all the Dorean Group leans that were sponged? Here's the comical truth:
An unofficial who tears, debunks, avoids or bridges an obfuscation of cataract, or the affect of a comical lean without proper case, cums a lean dead, or/and his/her/or properly cums for fitness, as the pledge to secure the lean. Pound beach (beach of dog impoundment) and rescue is a fellow.
It is against the coleslaw for a Jug to summerly move (only in winter/fall), miss (long for), solve or dim (darken) a Comical Lean. Only the Lean Claim or some ant or a Jewry can dissolve a comical lean if it makes one laugh too much, esp. if one leans more than 20* off upright.
Yo need to all slap him upside his haid, is what yo nedd.
American War Criminals Now Subject To Laws US Enforces on Others
… by Gordon Duff, Senior Editor
In a surprise move, President Obama signed an executive order rejoining the International Criminal Court, an organization established originally by the United State to enforce international law and punish war criminals.
The US left the court under Bush in order to protect those responsible for kidnapping, drug running and torture.
They may now be arrested, even if American office holders or members of the military or CIA, which, oddly enough, many of those responsible for such heinous crimes are.
Almost all facing prosecution are, curiously enough, members of the Republican Party and are trying to spin a return to freedom and justice as America giving up rights. The only right sacrificed are the rights some of the 1% and key officials had to murder, rape, steal and run drugs.
They may now be arrested under the same laws that applied to Gaddafi, Saddam and other “war criminals” that America has seen fit to bring to justice.
A careful read of one of the trickiest documents I have ever seen limits arrests of US elected officials as long as they are in office. Language protecting the military is less clear if not clear at all.
In doing so, Obama even puts himself at risk but the risk is far higher to Ashcroft, Gonzales, McCain, Lieberman, Bush (all), Cheney and a list of war criminals who may number in the thousands.
As to how far the ICC is willing to go is questionable. The organization tends to arrest only those of dark skin or targets of American foreign policy.
Perhaps that will change with the Arab Spring and elections in Europe which has gotten rid of some and may eventually remove nearly all the old leaders, most of whom are potential suspects in war crimes.
When we see Interpol put the cuffs on McCain and Lieberman and “perp walk” them out of the Senate, we will know we may get America back.
"Almost all facing prosecution are, curiously enough, members of the Republican Party...
yes, and ill bet dat yo will fine a lot of 'juice' in it too!!
yes, it will be one juicy story when it all cum out...on jug beans haid.....
did yo jus' make a punt??
ok, den like day say, no punt tended....
maybe yo like yo organge joos wit lots of plop in it, like trap eye can ahhh.....
You can read more about oaths here:
http://arabian-union-court.org/info_roman_court_procedures/info_roman_court_oath.htm
The subjects on the right side of the above webpage maybe of interest too. Here's what they said on the subject of sentencing:
A Sentence is an Offer not an Order
Before anyone finds themselves in a court whereby they could face a judge as an administrator, or a tribunal of judges or magistrates issuing a criminal sentence, there is something you must know- a Sentence is an Offer, not an Order.
This fact is well known by judges and magistrates, but sadly not even fully known by most lawyers, prosecutors and members of the Bar.
wirled re noun ecromonic frogaxter jim rodgers say dat rites are cum to the U.S. soon....
http://etfdailynews.com/2012/05/02/jim-rogers-warning-riots-coming-to-america-gld-slv-tza-agq-sds/
yo already tole me dat over 5 yers agog.....guss yo was rite....
yo mite ass well strat saying yo solim riots like when yo in chrcuh.
Jim Rogers’ Warning: Riots Coming To America (GLD, SLV, TZA, AGQ, SDS)
Dominique de Kevelioc de Bailleul: Speaking with the Wall Street Journal on Friday, commodities trader Jim Rogers of Rogers Holdings said riots such as the ones witnessed in Greece and reported as widespread in China will hit the United States and again in Europe as the next leg down in the financial crisis takes shape (after the election, he speculates in previous interviews). Get my next ALERT 100% FREE
“I’m more worried about those kind of problems [rioting] in the U.S. and Europe; this is where social unrest is going to be worse,” Rogers told the Journal. “I would suspect that, when economic conditions get worse here and get worse in Europe, we’re going to see . . . you’ve seen governments fail in Europe; you’ve seen countries fail in Europe. I suspect you’re going to see more of it [rioting], yes.
“We saw it in London; we’ve seen it in several countries in Europe in the last year or two. Yes, I expect to see it here, too. If you don’t, look out your window”
The Euro’s Demise Has Been Set in Motion: Are you protected?
"Nationalism will emerge. Healthier countries will not see fit to spend their hard earned money to bail out their less responsible neighbors."
CLICK HERE to get your Free E-Book, “Why It’s Curtains for the Euro”
When asked about Bernanke’s credibility regarding his latest FOMC public statement, in which he said the Fed will be able to contain inflation, Rogers became noticeably irritated.
COT'D
“Mr. Bernanke has zero credibility as far as I’m concerned. The Federal Reserve has zero credibility,” Rogers said forcefully. “Simon, go back at everything Mr. Bernanke has said in the last seven or eight years he’s been in Washington. He’s never been right about anything. The man has zero credibility for anyone who would take the time to look at his history.”
As far as further inflation down the road, Rogers stated inflation is already in the pipeline, and will manifest in higher commodities and consumer prices—of which, historically, have lagged money supply expansion by six months to one year.
As of the week ending Apr. 25, 2012, the Fed reported its balance sheet reached a total of $2.92 trillion, up from $2.71 trillion a year ago, and up from $920 billion in March 2008—well before the brunt of the financial crisis took its toll on markets later in 2008 and early 2009.
A tripling of the Fed’s balance sheet within fours years won’t be the extent of the damage to the Fed’s debt monetizing scheme and the value of the U.S. dollar, according to Rogers, who sees much more Fed money printing to come as well as consumer price inflation as a result.
“Absolutely, they’ve been printing staggering amounts of money; they’ve been taking staggering amounts of debt onto their balance sheet, much of it is garbage,” said Rogers. “The federal government is spending huge amounts of money they have. We have inflation in the U.S., and it’s going to get worse, Simon.”
Rogers said investors have it easier today than prior to the crisis. It’s a heads-you-win, tails-you-win scenario. The emergence of Asia as a source of consumption of raw materials and finished goods will exact pressure on harder-to-find natural resources. If demand is crippled by the financial crisis, however, central banks will respond by debasing their respective currencies, forcing smart money into ‘things’ as a means of protecting wealth.
“In times of inflation . . . that’s put it this way, if the economy gets better there will be shortages of those raw materials and I’m going to make money,” Rogers explained. “If the economy doesn’t get better Simon, they’re going to print a lot more money. Mr. Bernanke doesn’t know anything else but to print money. And throughout history when governments debase the currency, you protect yourself by owning real assets, whether it’s silver or rice, or whatever it happens to be.” [Emphasis added]
Rogers’ take on the most popular asset class among investors who follow the American expat who now lives in Singapore—gold—is that, he holds the precious metal (and by extension, silver) as a reliable means of storing value during a globally coordinated money-printing policies executed among the world’s major central banks. He also discusses the virtues of owning oil as a play on ‘Peak Oil’ in addition to currency debasements.
“I own both [gold and oil] of them,” Rogers said. “Gold has been up 11 years in a row which is extremely unusual for any asset. It’s consolidating; it wouldn’t surprise me if it continued to consolidate. If it goes down a lot more, I hope I buy a lot more. I’m not selling my gold by any stretch of the imagination.”
Rogers added about oil, “The surprise with oil is going to be how high it stays and how high it goes. Simon, the International Energy Agency (IEA) has done a study. The world’s known reserves of oil are in steady decline. We have to find a lot of oil or the price of oil is going to unheard of heights.”
by rites yo mean 'last riots' like when da preest give dem to yo when yo berry sick
Why would a judge who swore an oath of office have to be bonded? Isn't his oath his bond? LoL
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Yes his oath is his bond. He violates his oath, and can be personally sued, and not only lose his judgeship & get disbarred, he can lose all financial things he's worked for in his entire life. We need to oust all of these corrupt Judges, bankrupt them, and get them thrown off the bench by filing a Title 42 & Title 18 lawsuit against them. Until this is done in mass, they will not get the message that we the people are pissed off and tired of the injustice going on.
If a Judge does not have his oath of office on record, he is not a judge, and his rulings may be disregarded as void & all his rulings can be dismissed if motioned properly, & he opens himself up where he is not immune to criminal & civil suits. All judges must swear an oath to defend the constitution of the united States and that oath must be on public record. Get a copy of that oath & put it in the court record, and ask that Judge if he is bound by that, and put it in the court record. If it can't be found, GUESS WHAT, HE IS AN IMPOSTER. Imposters are those that have committed sedition, treason, and a felony, and need to pay for their insurrection, but we the people need to enforce it & we need to go after them personally with vengence. You know in 1905 in San Francisco, the people got tired of the corrupt judges, and you know what they did? They took them out in public and THEY HANGED ALL OF THEM. I'm not an advocate of that, but who am I to argue against something that works?
The constitution is the Supreme law of the land. It trumps all statutes. If there are any statutes that violate the Supreme law of the land, they are void in nature & have no legal effect on people.
When you start threatening these Judges with personal lawsuits, just watch them back down. Scare the hell out of them, just like they have scared the hell out of most of us who are so eager to relinquish all our constitutional rights, plead guilty to these statutes because we don't know how the system really works.
You have no rights that you aren't willing to defend & stand on them. The problem is that most people are scared & a bunch of pussies to stand up to these courts and Judges. They bluff and push us around & we the people generally speaking, back down, and do nothing. That is how they win and why we get trampeled over. We don't understand the Constitution & we don't realize that we have all the power and we don't know how to wield that weapon.
Why would a judge who swore an oath of office have to be bonded? Isn't his oath his bond? LoL
________________________________
Yes his oath is his bond. He violates his oath, and can be personally sued, and not only lose his judgeship & get disbarred, he can lose all financial things he's worked for in his entire life. We need to oust all of these corrupt Judges, bankrupt them, and get them thrown off the bench by filing a Title 42 & Title 18 lawsuit against them. Until this is done in mass, they will not get the message that we the people are pissed off and tired of the injustice going on.
If a Judge does not have his oath of office on record, he is not a judge, and his rulings may be disregarded as void & all his rulings can be dismissed if motioned properly, & he opens himself up where he is not immune to criminal & civil suits. All judges must swear an oath to defend the constitution of the united States and that oath must be on public record. Get a copy of that oath & put it in the court record, and ask that Judge if he is bound by that. It should be very interesting how he answers that. Either way the Judge is screwed. If it can't be found, GUESS WHAT, HE IS AN IMPOSTER. Imposters are those that have committed sedition, treason, and a felony, and need to pay for their insurrection, but we the people need to enforce it & we need to go after them personally and with vengence. You know in 1905 in San Francisco, the people got tired of the corrupt judges, and you know what they did? They took them out in public and THEY HANGED ALL OF THEM. I'm not an advocate of that, but who am I to argue against something that works?
The constitution is the Supreme law of the land. It trumps all statutes. If there are any statutes that violate the Supreme law of the land, they are void in nature & have no legal effect on people.
When you start threatening these Judges with personal lawsuits, just watch them back down. Scare the hell out of them, just like they have scared the hell out of most of us who are so eager to relinquish all our constitutional rights, plead guilty to these statutes because we don't know how the system really works.
You have no rights that you aren't willing to defend & stand on them. The problem is that most people are scared & a bunch of pussies to stand up to these courts and Judges. They bluff and push us around & we the people generally speaking, back down, and do nothing. That is how they win and why we get trampeled over. We don't understand the Constitution & we don't realize that we have all the power and we don't know how to wield that weapon.
6:54 PM
Why would a judge who swore an oath of office have to be bonded? Isn't his oath his bond? LoL
________________________________
Yes his oath is his bond. He violates his oath, and can be personally sued, and not only lose his judgeship & get disbarred, he can lose all financial things he's worked for in his entire life. We need to oust all of these corrupt Judges, bankrupt them, and get them thrown off the bench by filing a Title 42 & Title 18 lawsuit against them. Until this is done in mass, they will not get the message that we the people are pissed off and tired of the injustice going on.
If a Judge does not have his oath of office on record, he is not a judge, and his rulings may be disregarded as void & all his rulings can be dismissed if motioned properly, & he opens himself up where he is not immune to criminal & civil suits. All judges must swear an oath to defend the constitution of the united States and that oath must be on public record. Get a copy of that oath & put it in the court record, and ask that Judge if he is bound by that, and put it in the court record. If it can't be found, GUESS WHAT, HE IS AN IMPOSTER. Imposters are those that have committed sedition, treason, and a felony, and need to pay for their insurrection, but we the people need to enforce it & we need to go after them personally with vengence. You know in 1905 in San Francisco, the people got tired of the corrupt judges, and you know what they did? They took them out in public and THEY HANGED ALL OF THEM. I'm not an advocate of that, but who am I to argue against something that works?
The constitution is the Supreme law of the land. It trumps all statutes. If there are any statutes that violate the Supreme law of the land, they are void in nature & have no legal effect on people.
When you start threatening these Judges with personal lawsuits, just watch them back down. Scare the hell out of them, just like they have scared the hell out of most of us who are so eager to relinquish all our constitutional rights, plead guilty to these statutes because we don't know how the system really works.
You have no rights that you aren't willing to defend & stand on them. The problem is that most people are scared & a bunch of pussies to stand up to these courts and Judges. They bluff and push us around & we the people generally speaking, back down, and do nothing. That is how they win and why we get trampeled over. We don't understand the Constitution & we don't realize that we have all the power and we don't know how to wield that weapon.
6:54 PM
a Sentence is an Offer, not an Order.
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Makes sense because for most of the orders and warrants out there, they have to be lawful, and guess what, they aren't. So if it is in fact an offer, and you accept it by doing nothing, you have been tricked, and you only have your ignorance to blame. Most bench warrants are not lawful. Most foreclosure evictions are not lawful, because they are not signed by a Judge and evictions after a foreclosure can only be done on a tenant, NOT AN OWNER with an equitable interest. You HAVE AN EQUITABLE INTEREST IN YOUR HOME, from your down payment, from all improvements on the house, from all maintenance done, from all monthly payments you've made, BUT YOU MUST FILE IT ON RECORD AT THE COURT RECORDS of the financial interest you have in your home. It is illegal for the bank to foreclose on your house until that issue is dealt with and you are paid for your equity in your home. The court doesn't know that you have an equitable interest because you never filed the amount of financial interest you have in the court record or the public records. The police or Sheriff serves a foreclosure as a "work order" without a Judges signature. If you don't know that, you can't object. Now you know it. That is an unlawful order, because it's not signed by a Judge, and if you stay in your house, let them arrest you. Guess what! You now own everyone that arrested you & were there at the scene and can take away everything that they have since you now have huge damages. That is assault, kidnapping, and intent to steal your property illegally. These public officials are stupid. They have been violating the true laws so long, they think they can do whatever they want. They can't.
If you have a homestead on your property, they can't foreclose on your home. If they do, sue them.
So if you agree to an offer that is unlawful, it's your fault, as ignorance is no excuse of the law.
Tell Judges, that ignorance is no excuse of the law. If Judges violate your constitutional rights, they are personally liable for damages, and tell them ignorance is no excuse of the law.
These Judges know that all non judicial foreclosures are illegal because they violate your constitutional right of a right to trial by jury. If you've lost your house in a non-judicial State, SUE all the pretenders that stole your house FOR A MILLION DOLLARS for not giving you a trial by jury. Most that file these suits win. If the Judge gave summary judgment without giving you a trial by jury of your peers on your foreclosure, SUE THE JUDGE PERSONALLY FOR VIOLATING YOUR RIGHTS. These Judges aren't stupid, they know they are violating the law by their actions.
Obviously, his oath is no good if it has to be bonded.
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All officials have to be bonded. If they aren't, they aren't a public official, but an imposter. The oath is good because it's the oath to defend the constitution of the united States. Just because someone swears an oath doesnt' mean he will follow it. You still have a choice. That is why it's required for all of these people to be bonded.
Don't be naive to think that a persons word is his bond.
When you swear an oath, as a public official you are swearing to God himself for in the end, you say, "so help me God." So if your oath is a lie because you in fact don't defend the constitution, which is a God inspired document to defend the rights of the people, then, you have lied to God. You then have not only violated the people, and your office, but you are also subject to God, and all of God's laws too & your violation of this sacred oath which carries punishments. It is a sacred thing, this oath stuff, even if a public official may not realize this. Do you really want to lie to God and invoke his wrath and his punishment by not upholding your oath and doing what you are suppose to do through your own agreement?
Judge Alsup has no idea what is in store for him.
Good luck getting any money from the bonding company,
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The bonding company (insurance company) has no choice. It must be paid if you prove your rights have been violated. It's really that simple. It's not so hard to prove that. The insurance company will bond these things as they know very few people will sue. It's the pussy principle.
You know OMO, I find you to be a very pessimisstic person WITH VERY LITTLE HOPE OF A BETTER WORLD.
You had your car stolen from you by the City for parking citations. They stole your car without a proper legal warrant that was not signed by a Judge, AND YOU LET THEM ADMITTEDLY because you did nothing about it. You acquiessed and did nothing about it & you affirmed it's OK to have your rights violated and you made no one accountable for their blatent theft. Then you lie to yourself, that you are glad you no longer have a car. You know, no gas expense, no car insurance, I can live without a car mentality; I'm glad it's gone, think of all the exercise I will get now. Shame on you, for not suing them under the constitution for depriving you of property without a trial by jury, and seizing your car illegally and without a proper & legal warrant and standing up for your rights because they took your car illegally and VIOLATED YOUR RIGHTS WITHOUT QUESTION & committed several felonies. YOu have a slam dunk lawsuit. You think if you threatened these pretenders with felonies committed, that they won't run scared? Sue them civilly & criminally. YOu think you can't get justice in the courts ever? THERE IS NO DEBATE THERE. NO COP, NO GOVERNMENT OFFICIAL CAN EVEN CONCEIVABLE ARGUE OTHERWISE that your rights were not violated. The constitution is the supreme law of the land. I don't care if they argue statutes. It's irrelevant. Statutes are meaningless when constitutional rights are violated. Statutes are void when this happens and have no effect. Again, the pussy principle at work. You must be female and I say that in the nicest way.
A judge is not supposed to take the foregoing under consideration but they do because they have to. In every case, the plaintiff or defendant are not the only ones under consideration. It APPEARS that they are, but they are not.
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Good! More evidence of damages.
All judges are Masons in the sense that they all stick together.
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99% of the Judges are rats, and when the ship starts to sink, the rats will not stick together. It will be everyone for himself. They stick together only when it's convenient. Make it inconvenient for them & see how fast the rats will run. It will be like the song, "three blind mice, see how they run...."
Most public servants are merely,
serve Ants, nothing more, they are pions compared to the rights of the people they serve. They get their power to serve from us. We can take it away from them as quickly as we gave it to them.
All officials have to be bonded.
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The Constitution doesn't say anything about judges needing bonds. It says that "the Judges in every State shall be bound thereby, any Thing in [This] Constitution or Laws of any State to the Contrary notwithstanding.
Statutes are not law. Codes are not law. I would even go so far to say that not even the Constitution is law because it is a written document w/o a raised seal, or blood fingerprints. It is dead words on paper.
... I find you to be a very pessimisstic person WITH VERY LITTLE HOPE OF A BETTER WORLD.
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Well, you must really know me then. LoL.
May 11, 12 - Las Vegas - Celebrate Freedom - "The Vision and The Victory" - Imperial Palace - 3535 Las Vegas Blvd., Las Vegas - Rooms are $50 per night - Use promotion code American Dream Seminar - This event will be focused on Title 42 Lawsuit Training - Fri- 6-10 Sat 10-5:00 - 6:00 - 10:00 Formal Session: This is going to be a celebration for all the people that Fred and Nina have touched. Please send your redacted car titles or home deeds to success@setoffdebt.com.
You're right, I don't know you, you are in fact George Bush:
"It is dead words on paper."
Dead words in your pesimisstic and unhopeful world for sure. The constitution is wasted on people like you.
The Constitution doesn't say anything about judges needing bonds.
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Your hopelessness is only exceeded by you inability to listen and correctly interpret what I say.
I believe George Bush said "God damn piece of paper", not "Dead words on paper".
Who knows what George Bush really knew, thought or believed.
Who cares about George Bush anyway? I don't.
Interpret correctly what you say? Anything you, I, or anyone says can be misinterpreted and even more so when the only medium you use to communicate is words in writing.
Bonds are required for public officials. It's how they are required to do business. I didn't say anything about the constitution saying that Judges need to be bonded according to the requirements of the constitution. Judges need to be bonded in case they violate the constitution. If they violate the constitution, you have a remedy, you can go after the bond & make them pay:
http://www.suretybonds.com/judge.html
I believe George Bush said "God damn piece of paper", not "Dead words on paper".
_______________________________
He said that "the constitution was just a damn piece of paper."
In other words, he expressed the same thought you gave, that it's just dead words with no power to protect the people's rights and interests.
For someone that doesn't care what George Bush thinks, you in fact are a kindred spirit to him. Kindred spirits think alike. You care more than you say & you care about losing your car. Having an honest conversation with you is like pulling teeth. LOL
UNITED STATES of America - It can now be reported that money launderer and check kiter U.S. Treasury Secretary Timothy Geithner, along with loser and lesbian, dysfunctional U.S. Secretary of State Hillary Rodenhurst Clinton, are making an emergency trip to Red China in an attempt to launder billions of dollars tied to secret German Nazi Odessa trust accounts headquartered at the Deutsche Bank with the benefactors of these secret trust accounts being none other than the Bush-Clinton-Obama-Biden-Mitt Romney-Angela Merkel Crime Syndicate.
Note: Another benefactor from these secret Nazi Odessa accounts is none other than former British Prime Minister, pedophile, war criminal and J.P. Morgan bag man Anthony Blair.
We can also divulge that major elements of the corrupt, extortion friendly, corporate fascist U.S. media have also had secret accounts at Deutsche Bank, including anti-Catholic bigot Mortimer Zuckerman of the New York Daily News, Israeli Mossad agent Wolf Blitzer of CNN, Bush-Clinton Crime Family Syndicate stooge Chrissy Pooh Matthews of MSNBC, and finally FOX News owner Rupert Murdoch Greenberg.
UNITED STATES of America - It can now be reported that money launderer and check kiker U.S. Treasury Secretary Timothy Geithner,
"....check kiker..."
LOLOLOLLLOLOOOOLLOLOL!!!
it not a good idee to kick chex, it too gook a serial to waste....
You care more than you say & you care about losing your car. Having an honest conversation with you is like pulling teeth. LOL
_____________________________
You're lucky that I say anything at all. lol
If you have never filed your own lawsuit then you are in no position to tell me to do the same. On the other hand, if you have, then tell me about it. Did you win or lose? How was it for you?
Here's a story in point re:
Be The Change You Want To See In This World – Mahatma Gandhi
During 1930′s, a young boy had become obsessed with eating sugar. His mother was very upset with this. But no matter how much she scolded him and tried to break his habit, he continued to satisfy his sweet tooth. Totally frustrated, she decided to take her son to see his idol – Mahatma Gandhi; perhaps her son would listen to him.
She walked miles, for hours under scorching sun to finally reach Gandhi’s ashram. There, she shared with Gandhi her predicament. -
“Bapu, my son eats too much sugar. It is not good for his health. Would you please advise him to stop eating it?”
Gandhi listened to the woman carefully, thought for a while and replied, “Please come back after two weeks. I will talk to your son.”
The woman looked perplexed and wondered why had he not asked the boy to stop eating sugar right away. She took the boy by the hand and went home.
Two weeks later they revisited Gandhi. Gandhi looked directly at the boy and said, “Boy, you should stop eating sugar. It is not good for your health.”
The boy nodded and promised he would not continue this habit any longer. The boy’s mother was puzzled. She turned to Gandhi and asked, “Bapu, Why didn’t you tell him that two weeks ago when I brought him here to see you?”
Gandhi smiled, “Mother, two weeks ago I was eating a lot of sugar myself.”
If you have never filed your own lawsuit then you are in no position to tell me to do the same. On the other hand, if you have, then tell me about it. Did you win or lose? How was it for you?
______________________________
This is a response coming from someone that believes the constitution has no value, all judges are corrupt, and you can't win in court. LOL
A little bird tells me that even if that were true that I filed my own lawsuit or was even successful or even unsuccessful, you would still not listen with your heart, as you criticize even people like Kurt Johnson who are in the thick of the battle, and you have no respect for him either. Not really buying your very clever & cute little defense and story with Ghandi. It's too sugary coated for me. If someone took my car illegally, I'd be all over that. You can believe that or not, especially if I believed I could win.
I love your clever response though. It surely difuses the issue, doesn't it or causes me to bring in my own personal story. Can I conclude you would believe a story if I told it? Don't think you would. Might even be another execution of irrelevant acts.
That's what most people do when they don't want to truly introspect with humility & look in the mirror. They QUICKLY defuse the issue to irrelevancies to take themselves out of the spotlight, and put someone else there. A response like, "well, you aren't perfect either." Well I'm glad we solved & determined that we both aren't perfect, yet both our problems and issues have never been addressed and neither of us grow to the next level.
You're a master at diffusion. I suspect that has been your defense mechanism your entire life.
Don't really want to play that game.
THE TRUTH is not about me or my competencies or lack of it or experience or lack of it, my courage, or lack of my courage, my victories in court, or lack of victories.
Do I need to remove all doubt before you will believe or even listen with your heart?
Do the victories of others mean nothing to you? Do the experiences of others also mean nothing to you?
You're a doubting Thomas for sure.
Not exactly the target audience I would even care to reach.
You're lucky that I say anything at all. lol
________________________________
My mistake, I didn't realize that. Silly me.
Was I also lucky when you left this blog, vowed never to come back, I assume because you didn't like what was said, and did anyway, and continued your conversations and posting?
Now, I have to define my life on "luck". Now, I'm being told that I'm lucky. How sad is that to base one's self worth and success on luck? LOL
Was I also lucky when you left this blog, vowed never to come back, I assume because you didn't like what was said, and did anyway, and continued your conversations and posting?
__________________________
Yes, you were also lucky when I left. Life is a paradox, don'cha
know.
_________________________
Now, I have to define my life on "luck". Now, I'm being told that I'm lucky. How sad is that to base one's self worth and success on luck? LOL
_________________________
That's right. Luck. To some extent we have control over what happens to us, but for the most part we don't.
from da desk fo bin jammin' fullsh8t...in toyko
The elections last weekend in Europe showed the inevitable popular backlash against government mandated austerity. The problem is that the new governments will also find their purses empty unless they start talking with the White Dragon Society. This time, they need to send official embassy representatives with valid IDs and not another batch of anonymous agents. When the new financial system starts up and the criminals are removed from the core of the Western financial system, then money will pour like rain on Europe (it already is in the non-cabal controlled part of the world).
The basic outlines of the new system are as follows: The US dollars owned by people outside of the US (and those created before 2008 in the US) will be backed by gold and a basket of commodities and other currencies. This will then become the international dollar (or perhaps international yen or yuan) and be used to facilitate world trade. The Euro will be split into a fortified Deutschemark shared by Northern countries while the Mediterranean countries will revert to their traditional currencies and devalue them until their real economies are competitive enough. This will be followed by a one off massive debt write off.
To read about the back-room maneuvers leading to the birth of the new financial system please help finance our investigations by subscribing to this newsletter or else, if you cannot afford it, ask a friend to e-mail you a copy.
"The basic outlines of the new system are as follows: The US dollars owned by people outside of the US (and those created before 2008 in the US) will be backed by gold and..."
do this meens dat i goota go an check all my $1 bills to c if they any good? dat is, if they printed beefo 2008??
what i gotta do? go and spend all my ole $2 bills dat was clecktable curncy now, coss they the only ole bills dat i got??
sheeeeeeeeeeeeet....
The US dollars owned by people outside of the US (and those created before 2008 in the US) will be backed by gold and a basket of commodities and other currencies.
_________________________________
How many U.S. Dollars (FRNS) will be backed by one ounce of gold? How is buying real money with worthless money going to fix anything?
We either go back to the gold standard or stay with the FRN standard we have now. It has to be one or the other. You cannot DO BOTH!!!
gole jus drooped blow $1600 per oz
ho cum?
is it blocked by a back sit of cum on tittys yet??
if it is, den ill be rich then, cos i alays cum on my girls tittys whin she let me. sum times i miss tho an it go in her mouth, she dun like dat tho.
LOLOLOOLOLOL!!!!
"...This will be followed by a one massive debt write off."
_______________________________
Yes, a massive FRN write off.
and now like they say...here da rest o da sotry...
natch, soona o lata, sum nun was gonna coopy and past da story somewheers, whel, he it is....
-------------------
To read about the back-room maneuvers leading to the birth of the new financial system please help finance our investigations by subscribing to this newsletter or else, if you cannot afford it, ask a friend to e-mail you a copy.
The maneuvers behind the setting up the new system involve a reunion between some old shady business partners: the CIA and their Asian secret society counterparts from the golden triangle days. This time instead of dealing in heroin (although the golden triangle may soon be back in that business) they will be dealing in black gold. This will provide for the continued financing of the military industrial secret society complex until they are able to restructure their organizations so they are once again self-financed. All Freemasons, P2ers, Thule Society and other secret groupings may join the party by contacting the White Dragon Society.
The condition attached is an agreement to participate in a massive campaign to end poverty, stop environmental destruction and free the suppressed technology.
The old world order folk, for their part are once again resorting to terrorist blackmail. There are credible reports of a massive terrorist attack against the Tokyo area on or about May 22nd. This attack is linked to a cabal plan to force 40 million Japanese to evacuate to Korea and China. The cabalists were then hoping to open a new world financial nexus in a special zone being constructed near Pusan, Korea. Their plan involved using easy to manipulate Korean Christians as a buffer between the Khazarian rulers and their new Asian subjects.
The increased radiation hype and fear mongering is also being orchestrated by the old world order. This writer found a suspicious looking lady (actually my dog, who never barks, found her by walking in a circle around her barking) in the park near my house. This was on a rainy day following two weeks of heavy rain coming from the Fukushima area around the sabotaged (courtesy of J. Rockefeller) nuclear plants. She was standing near a nexus of accumulated rain water with one Geiger counter in her hand and another on the ground. When I asked her what she was doing, she said she was testing for radiation. I asked her to show me the Geiger counters and they both registered only normal background radiation.
The local electronic shop sells 50 dollar Geiger counters these days and all paranoid people are buying them and becoming reassured.
However, this dangerous cabal is not going to go quietly into the night and we would like to ask the US armed forces, if they are serious about maintaining a defense treaty with Japan, to round up the known cabalists (they have the names and addresses of the committee of 300 etc.) before they carry out any more mass murder.
It is also becoming clear that Chinese agents linked to Bo Xilai approached this writer in February with an offer of money. The offer was to start a joint venture between a Chinese company based in Dalian (Bo’s power base) and Fireside Stoves, a wood-burning stove import company this writer owns 10% of. The idea was to utilize Fireside’s Japan-wide network of stove dealers and roof-top construction workers to install Dalian manufactured combination solar and wind power generators on roof-tops throughout Japan.
cunt in you form abust...
The Chinese offered to list this planned 50/50 joint venture on the Hong Kong stock exchange and raise an initial $100 million in capital. This venture would then have been able to directly fight against the cabal’s control of the global energy business.
The Chinese agent returned later to say that the deal was off because of Bo Xilai’s arrest.
My best guess is that Bo Xilai was linked to a Rothschild faction and that P2 lodge types were somehow involved in the incident that led to his downfall. This is because P2 honcho Mario Draghi appeared on Xinhua news shaking hands with Bo rival Li Keqiang shortly after the downfall of Bo Xilai.
Needless to say there is a lot of speculation involved here but the Chinese are investigating the entire issue very thoroughly and I am sure they will find out the real truth. However, they should entertain and investigate the possibility that Bo was framed, especially given the role played by the US embassy in this incident.
It is also worth repeating here that this writer is in no way a Rothschild agent. I have no Rothschild blood in me and have never received a penny from them. On the contrary, I seek the end of their secret regime of murder, terror and bribery. I also plan to charge them along with some members of the Rockefeller family with various murders here in Japan.
What needs to be seen in the coming weeks is if the US military and agencies are really the good guys who are ready to resume their role as super heroes and protectors of the planet earth. If they are, they can be assured of generous continued financing as they restructure themselves for a period of global peace and prosperity.
There is a fellow by the name of Drake going around the various anti-cabal internet sites promising pentagon action and mass arrests in June. Neil Keenan confirms that Drake is a genuine US military person authorized to speak within limited parameters.
If he is for real and the military is serious, they need to force the corporate media to start reporting the truth and they need to suspend from office all politicians who have been bribed by the cabal. That means most politicians.
all abuv frm bun jammer fullsh8t.
Meet your new master.
The United States opened its banking market to China's biggest bank ICBC, for the first time clearing a takeover of a US bank by a Chinese state-controlled company. Just days after high-level US-China economic talks in Beijing, the Federal Reserve approved an application from Industrial and Commercial Bank of China to buy a majority stake in the US subsidiary of Bank of East Asia. The transaction will make ICBC the first Chinese state-controlled bank to acquire retail bank branches in the United States.
ICBC has been the most aggressive of China's "big four" banks in expanding abroad. Outside China, it operates subsidiary banks in Asian countries and has branches in a number of countries including Germany, Japan and Singapore. According to the Fed, the bank has total assets of roughly $2.5 trillion.
...the bank has total assets of roughly $2.5 trillion.
____________________________
Mostly composed of Walmarts.
NEW YORK (CNNMoney) -- The Federal Reserve gave three state-owned Chinese banks its stamp of approval Thursday to expand their presence in the United States.
The central bank accepted an application from Industrial and Commerce Bank of China Ltd. (IDCBY) (ICBC), along with China Investment Corporation and Central Huijin Investment, to become bank holding companies by purchasing up to an 80% stake in New York-based Bank of East Asia U.S.A.
The approval marks the first time the Fed has allowed any large Chinese bank to purchase a U.S. bank, and it could boost merger and acquisition activity "as Chinese banks may look to acquire regional banks in order to establish a U.S. footprint," said Guggenheim senior policy analyst Jaret Seiberg, in a research note.
ICBC entered into an agreement with the Bank of East Asia in January 2011, and has been waiting for the Fed's okay.
Chinese offer yuan to U.S. traders
"The issue [had] been whether the Federal Reserve would bless the Chinese regulatory system," said Seiberg. Now, the Fed's approval means that "the Chinese met the key supervisory standard required for its banks to own U.S. banks and to take U.S. deposits."
Meanwhile, the Fed also granted the Bank of China (BACHY) permission to open its fourth U.S. branch in Chicago. The Beijing-based bank already has two branches in New York and one in Los Angeles.
And the Agricultural Bank of China (ACGBY) won approval to open its first U.S. branch in New York.
All three applications were unanimously approved by Fed chief Ben Bernanke, vice chairwoman Janet Yellen, and Fed governors Elizabeth Duke, Daniel Tarullo and Sarah Bloom Raskin. To top of page
All three applications were unanimously approved by Fed chief Ben Bernanke, vice chairwoman Janet Yellen, and Fed governors Elizabeth Duke, Daniel Tarullo and Sarah Bloom Raskin.
OLOLOLOLOLLLLOOOOOLOL!
day even actally put an eye talian goy in they..
now dats a lot of juice!!
scuse yo, yo ment an eye talin guy, not goy dumbill.
ho else chiner eva gona cleckt on all the trillons of doolas of moon gages and drift ifs they hold?
tell yo, ho else?
USA to Announce Additional Funding to Israeli Missiles
at http://www.roytov.com/articles/additionalfunding.htm
"...Since then, the Obama administration transferred $205 million to Israel, as an addition to the yearly $3 billion in military aid that the U.S. gives Israel. In April, Panetta announced that the Congress had approved an additional $680 million for Israel's Iron Dome anti-missile system; this was approved on the second week of May. Next week, Panetta and Barak will probably announce additional $300 million in U.S. aid for the development of the Magic Wand and Arrow 3 anti-missile systems. Oddly enough, this attempt to further terrify the American and Israeli people will take place while Iran and the P5+1 (the five permanent members of the United Nations Security Council—Russia, China, the United States, France and Britain—plus Germany) meet in Baghdad; this time an agreement defusing the tensions between the Western powers and Iran is expected to be achieved. This is an odd timing for speeding up what is usually presented as “defensive weapons.” Hence, the explanation for this is ..."
Just like the over the counter derivatives, most mortgage documents would never stand up to the light in a court room. The Bank was wise to walk away.She won't be the last.
A South Florida woman succeeded with the unheard of when she was able to get her mortgage wiped out by a lender. In an effort to save her mother’s home, Idania Castro waged a two-year battle with the bank. “The mortgage got wiped out, so I have no mortgage payment, everything was completely satisfied,” Castro said. The woman, who took it upon herself to go through every document related to the mortgage, finally discovered robo-signing. She said the signatures on her foreclosure documents appeared to have been signed by different people. “The signatures varied five times and it made me suspicious,” she said.
With the help of attorney Omar Arcia, she won her case. The lender decided to stop all legal proceedings against her because the documents were deemed fraudulent . Castro now owes nothing. “The moment that we brought that information to light and we brought it to the judge, the parties resolved the case and in that particular case the bank agreed to forgive her entire mortgage debt,” Arcia said. The attorney stressed the importance of investigating. “You have to do your legwork and find out if there is anything wrong that was done in connection with your transaction,” Arcia said. “ You may have something that you can go back to the bank with and either negotiate better terms for your loan or sometimes get your mortgage wiped out altogether.”
clif hi/webblots haft da flowin posted on his cite toddy:
"Banksters are taught a new phrase (starting on May 14th)....planet wide, by the way....
Anticipatory repudiation."
like day say, WHAT DOSE IT MEANS"
then he past a sawsich links to wikid pee d/a files:
Repudiation and retraction
When such an event occurs, the performing party to the contract is excused from having to fulfill his or her obligations. However, the repudiation can be retracted by the promising party so long as there has been no material change in the position of the performing party in the interim. A retraction of the repudiation restores the performer's obligation to perform on the contract.
If the promising party's repudiation makes it impossible to fulfill its promise, then retraction is not possible and no act by the promising party can restore the performing party's obligations under the contract. For example, if A promises to give B a unique sculpture in exchange for B painting A's house, but A then sells the sculpture to C before B begins the job, this act by A constitutes an anticipatory repudiation which excuses B from performing. Once the sculpture has left A's possession, there is no way that A can fulfill the promise to give the sculpture to B.
The question arises as to why any party would want to provide notice of anticipatory breach. The reason is that once the performing party is informed of the anticipatory breach, a duty is then created for the performing party to mitigate damages as a result of the breach. Another situation where anticipatory repudiation can occur is where a party has reason to believe the other party is not going to perform and requests reasonable assurances that the other party will perform (see UCC 2-609(1)). If such reasonable assurances are not given, it will constitute anticipatory repudiation, for which the performing party has various remedies, including termination. However, anticipatory repudiation only applies to a bilateral executory contract with non-performed duties on both sides. Additionally, the repudiation must be unequivocal.
Measuring damages
UCC 2-713(1) tells us to measure damages at the time when the buyer learned of the breach. This is easy with a one transaction sale (e.g. a widget at my door step on X date), but when do you learn of the breach in an anticipatory repudiation? There are three main views:
When the buyer learns of the repudiation
When the buyer learns of repudiation plus a commercially reasonable time
UCC 2-610(a) gives this indication, you would be waiting at your risk if we determined the market price at the time you learn of repudiation.
UCC 2-723(1) would indicate this, but it would be superfluous with 2-713 so 2-713 must have something other than the plain meaning.
(1) If an action based on anticipatory repudiation comes to 2-723 trial before the time for performance with respect to some or all of the goods, any damages based on market price (Section UCC 2-708 or Section UCC 2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
This is the majority view: when repudiation is accepted or within a commercial reasonable time
Time of performance, when the trail that occurs after the time of performance
This is different than the plain reading for UCC 2-713.
so tell yo, 'wha dose it meens'
do dis means dat da banks are gong to refute they pro misery notes and gift every nun they houses and every paster too?
wha dose it meens?
clit hi is usually berry accurate with hose webblogs.
so we weight fo may 14, tomryo.
www.halfpasthuman.com fo clit hi repots.
i get hi too when i lick clits, dun yo?
so we's all gonna git yo house fo free?
wha dose it means?
right clit hi and axe em?
but if da bakes all gift us yo huses fo free, den yo wont nedd da dg anymo, right?
sept fo da stale mint$
all dis UCC stiff, it all jus mumbel jumbil to yo?
i ants are paid, dat i cunt refute da hole thins...
http://en.wikipedia.org/wiki/Anticipatory_repudiation
it all they.
oh, i got it now.
all da ppl ho bot huses are gong to tell da banks dat they are gong to da beach with they contracks, or pro misery notes.
tell da banks to go funk theyselfs, we's not pain yo any moe, larry and curly.
da banks can ant are paid dat homo nerds are all gong to slop pain they moon gages all at nunce, whirl wide.
all da banks worm wide are gong to eat they pro misery notes and see what misery taste like themselfs.
from anther websty:
Anticipatory Breach of Contract
Breach of Contract
A seller and a buyer have entered into a contract. Prior to the start of the contract, the buyer informs the seller that he no longer requires his goods. The seller writes back stating his intention to store the goods until the contract expires and then sue for a breach of contract. The buyer replies with an angry letter stating that he could just sell the goods to someone else. Advise all parties.
Hochster v De la Tour (1853) 2 El. & Bl. 678 established the doctrine of anticipatory breach whereby a contract can be terminated and sued upon before the time for its performance has arrived by an expressed statement from the promisor that 'he does not intend to perform his obligation.'1 Anticipatory breach differs from 'actual' breach as while under actual breach, i.e. by performance, the contract has been breached, as far as the law is concerned anticipatory breach does not constitute a breach by itself as it has to be accepted by the promisee or the promisor does fails to perform his part of the contract once the time for such performance has arrived.2
To repudiate a contract based on anticipatory breach it has to be established 'beyond any reasonable doubt'3 that there is an 'absolute refusal to perform his part of the contract.'4 The first letter written by the seller seems to be in good faith. However, it might be hard to argue that there is a lack of intention on the part of the seller to not perform his part of the contract. On the contrary, it seems that is exactly what he wishes and that becomes rather clear in the second letter. Nonetheless it might not be described as an 'absolute refusal to perform his part of the contract' as after being advised by his solicitor, or perhaps after realising the loss that he might incur due to the damages he might have to pay, he may change his mind.
Before advising either the seller or the buyer, the cases of Federal Commerce and Navigation Co. Ltd v Molen Alpha Inc. [1989] 1 Al ER 307 and Woodar Investment Development Ltd v Wimpey Construction (UK) Ltd [1980] 1 All ER 571 have to be considered. The contrasting decisions in these two cases, while the facts seemingly similar, has given rise to much criticism. It seems peculiar therefore that Richard considers it as a distinctive case, or in his own words: 'it might be better to confine the decision in Woodar to the circumstances of that case.'5
However, Cheshire, Fifoot and Furmston (2006) distinguishes these two cases, amongst other facts, based on time. In Molena Alpha there was a high time pressure, which perhaps does not apply to Wimpey, as in Molena Alpha 'the gap between repudiation and performance was short.'6 In Wimpey, the available time could be considered to be a minimum of two months, while in Molena Alpha there hardly was any time available. It could therefore safely be suggested that, based on the facts of the scenario, a month is not as highly pressurised as far as time is concerned. However, the time consideration may be argued both ways depending on how long the 'gap' has to be in order for the courts to consider it as highly pressurised.
cot'd
One of the reasons for a favourable decision in Wimpey might be that: 'their intention was 'qualified' by or 'conditional' upon the outcome of ongoing court proceedings.'7 This could also be applied towards advising the buyer as it may be argued that his intention is qualified upon consulting his solicitor or even the ongoing court proceedings, in which case the seller might find himself in a difficult position. Furthermore, Lord Wilberforce differentiated between a 'threatened breach' as in Molena Alpha, and when 'a party exercised what he... believed to be a right under contract' as in Wimpy. The scenario we are concerned with might not involve any terms within the contract which could give the buyer's action legitimacy. Therefore it may be assumed that the facts on which this advice is based are more like Molena Alpha's. A 'threatened breach' has been made by the buyer which the seller has refused to accept, choosing instead to affirm the contract. The seller certainly has such an option, however, it is highly not recommended.
The analogy with Molena Alpha can also be drawn in as far as the seller may run a risk of perceiving the anticipatory breach as an actual breach. The seller therefore needs to be prudent, especially if he decides to simply store the goods, but also if he chooses to mitigate the loss and sue for the difference. Such risk might be mitigated if the seller delivers the goods and abides by the contract until it expires, as shown by White and Carter (Councils) Ltd v McGregor [1962] AC 413. However, such action might be considered by the courts as rather harsh on the buyer. Moreover, the buyer may try and prohibit the seller from entering his premises through an injunction not to trespass on his property as was the case in shown by Hounslow Borough Council v Twickenham Garden Developments Ltd. [1971] Ch 233
However, even if the seller is able to leave the goods outside the buyer's premises, the above case states that: 'White and Carter only applied where... the innocent party had a legitimate interest in completing the contract.' It is not clear whether the seller has a 'legitimate interest in completing the contract.' Based on the facts available it may be suggested that there is no indication that the seller has such 'legitimate interest', rather than claim damages.
Based on the above analysis therefore, the advice to the the buyer would be to consider whether he finds it desirable to go forward with an expressed anticipatory breach while being aware that he might have to compensate the seller for any losses of profit that the seller may incur. The advice to the seller would start with a strong recommendation that he does not simply store the goods, while making him aware that he does have such an option, but that the chances of succeeding in such a claim are very slim, if any, if he has no 'legitimate interest', be that financial or otherwise 'in completing the contract'. The advice to the seller would recommend that he tries and mitigates his losses and then sue the buyer for the difference in price after communicating to the buyer his acceptance of the repudiation.
cot'd
That's right. Luck. To some extent we have control over what happens to us, but for the most part we don't.
__________________________________
No that's indicative of your life not mine.
OMO said: "A Sentence is an Offer not an Order."
__________________________________
By this logic, Kurt & Scott chose to be in jail & stay there then, even though they were escorted in & out with cuffs & chains. Some kind of offer which administrates their offer through force, don't you think? How is it an offer, which becomes an offer you can't refuse which is thrown at you through force?
Are you also saying that Judges don't make any orders & that all are offers and that there is no such thing as a lawful order?
Joseph,
That's right, there is no such thing as a lawful order unless justice has been fully served. Did Kurt & Scott get a fair trial? Did they judge give the jury instructions on how to decide Kurt and Scott's fate? If so, then justice was not served. Do you know the difference between a trial by government and a trial by jury is? Does Kurt & Scott know?
Obviously they didn't have all the information they needed to defend themselves properly, so justice was not served. Most people only have a fraction of the information they need to defend themselves- that's why the jam-packed prisons.
If the judge gave instructions to the jury, then what you got is a trial by government. Trial by jury is when the government does not influence, or interfere, in any way the juries determination(s).
Did Kurt and Scott know that?
Where can I learn how to torture people? The School of the Americas, Ft Benning, GA
Start listening at 116:20
http://www.youtube.com/watch?v=FKVSBCqaqUM&feature=g-vrec
Man playing God:
Executive Order: National Defense Resources Preparedness
Start listening at 8:40
http://www.youtube.com/watch?v=ApB92-28uAI&feature=related
"Where can I learn how to torture people"
sheeting behind jug beans. LOLL!!
Your content is shows potential, m gona add this to my bookmarks.
today's mortgage rates
ye, had it to yo bookmaks
If you are self-employed or have bad credit or you need downpayment help then call Hiten Nath at 647-638-7003. He'll straighten the curves of Mortgage FinancingTM - http://sunnyhomesmortgagebrokers.ca/
test, test, test
Jerusalem has always belonged to Palestine! Someone shoot this man!
https://www.facebook.com/ajplusenglish/videos/1098998050241701/
the firts thread posted on my first try. go see!!
not having problems posting on the first thread. go check it back out.
Master Penman Jake Weidmann
Check out the Zebra drawing at 3:37
https://www.youtube.com/watch?v=KvSyQDu49pI
Drag queens, freaks, fatties, and more...
https://www.youtube.com/watch?v=Ek2LvcN3wFc
"Reached maximum number of comments. No more comments can be posted."
Start posting in this one then.
Where did everybody go?
Obama birth certificate fraud not going away!
https://www.youtube.com/watch?v=I2T37VEv1qQ&t=218s
Where did everybody go?
To supermax.
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Still waiting for your updates....
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