Michael-Rolf on Utilities et al


AFFIDAVIT OF FACT

COUNTERCLAIM TO THREAT OF DISCONNECTION or SUSPENSION ISSUED IN THE NAME OF THE CESTUI QUE TRUST

I, (Your Full Name), a living man/woman, being of sound mind and capable of understanding the nature and consequences of these proceedings, hereby submit this Affidavit of Fact in opposition to the Cancellation or Suspension made in the name of the Cestui que trust.

1. Reservation of Rights: I assert my understanding of the common law as recognized by the Australian Corporations Act 2001 and the Uniform Commercial Code (UCC), which provides for a remedy to reserve my rights under the common law. I have made a timely and explicit reservation of my rights under section 1-308 of the UCC, thereby preserving my rights under the common law.

2. Non-Consent: I hereby declare that I do not consent to these proceedings, refuse the offer of contract, and reject the artificial legal person created for the purpose of this account. I demand that the CORPORATION produce the bond details that will indemnify me against any harm caused by the actions of the CORPORATION employees or the parties involved in this matter.

3. Dismissal Demand: I hereby assert my common law rights and claim that the threat of cancellation or suspension issued in the name of the Cestui que trust is null and void, and I demand that it be settled persuant to the Bill of Exchange Act indorsement already received by you. I further claim that any further proceedings or actions taken by the CORPORATION will be in contravention of my rights under the UCC and the Australian CORPORATIONS ACT 2001.

4. Declaration: I, (Your Full Name), hereby declare that this Affidavit of Fact is true and accurate to the best of my knowledge and belief, and I am prepared to verify this statement under oath.

PRIVATE NOTICE

To All Parties Concerned,

This notice serves to inform you that I, (Your Name), a living man/woman, hereby reserve all rights and privileges afforded to me under the Common Law and the Maxims of Law.

I hereby declare that any document bearing my wet ink autograph is a lawful contract instrument, made in my private capacity as a living man/woman, and not as a representative of any dead legal person or entity.

I will not be bound by any contract or agreement that is not made with full disclosure, free and genuine consent, and sufficient consideration. I will not be party to any contract that is void due to the mixing of a legal fiction with a lawful fact.

I invoke the Maxim of Law: Disparata non debent jungi (Unequal things ought not to be joined), and I will not be bound by any contract that does not meet the essential elements of a lawful contract, including:

1. Parties competent, of the age of consent, contracting between legal or lawful entities.
2. Free and genuine consent, not obtained by fraud, deceit, coercion, or mistake.
3. Full disclosure, providing all material information that may influence a decision.
4. Sufficient consideration, something of value exchanged between the parties.
5. Certainty of terms and conditions, fixed and unable to be changed without agreement.
6. Meeting of the minds, when the parties recognize and understand their obligations.
7. Signatures or autographs, in wet ink, as recorded evidence of reciprocal consent.

I hereby declare that any attempt to bind me to a contract or agreement that does not meet these essential elements is void and of no effect. I will not be bound by any contract that is unconscionable or that is made without my knowing, intentional, and voluntary consent.

I invoke the Maxim of Law: Non videntur qui errant consentire (He who errs is not considered as consenting), and I will not be bound by any contract or agreement that is made in error or under duress.

I hereby serve notice that I will not be bound by any contract or agreement that is not in accordance with the principles of law and equity. I reserve all rights and privileges afforded to me under the Common Law and will not be bound by any contract or agreement that is in conflict with my rights and freedoms as a living man/woman.


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About Wirral In It Together

Campaigner for open government. Wants senior public servants to be honest and courageous. It IS possible!
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