Thursday, March 6, 2008

"Without Prejudice" - UCC 1-207.

Your protection from any Compulsory Arbitration contractual clause...
Your remedy for a contract fraudulently passed off on you...

"Without Prejudice"
UCC 1-207

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 benefits 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.

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