Posted by Shane Hanson on August 06, 1998 at 21:01:48:
In Reply to: Re: Does our governmet still represent and serve State Citizens??? posted by SAS on August 05, 1998 at 18:21:40:
Let's first determine what makes up a contract.
I'm sure everyone knows what a contractor is. Usually a person whom you contract to do any number of specific tasks on your property. Now lets look at this simple form of contracts. When a contractor comes to your house to do the work what is the first thing he does? Usually he finds out exactlly what it is you need done. He then looks at the areas and detirmines an estimated cost. And after you decide you like his proposal he draws up a contract which includes:
1. An Agreement
2. Between yourself and the contractor (two parties minimum)
3. For an estimated dollar ammount (valuable consideration)
4. Based on his performace of the work (an obligation).
CONTRACT. This term, in its more extensive sense, includes every description of agreement, or obligation, whereby one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act; or, a contract is an act which contains a perfect obligation. In its more confined sense, it is an agreement between two or more persons, concerning something to be, done, whereby both parties are hound to each other, *or one is bound to the other. --Definition out of Bouviers 1856 Law Dictionary. A link to a complete copy of Bouvier Law Dictionary can be found at my web site (bottom of posting) includes case cites for futher reference.
These are the essential ingredients of a contract (Agreement, Two Parties, a Consideration, and an Obligation).
Now lets see to what other arreements, not nessecarilly contracts, these rules might apply.
We'll Start with my statement that a Drivers lisence is a contract. We've got the Two Parties, and I'm sure everyone can see what the Agreement is (the holder is to obey the regulation). The Consideration would be the privledge they give you and the Obligation would be for you to adhere to there regulations. It's almost too complex.
Next my statement of Property Regitration. This is going to get really complicated. Again there's the Two Parties. Now what is the Agreement? Well this is call an undisclosed agreement (decietfull). You Agree to be Obligated to pay property tax and the tax is the consideration. Ouch! A lose, lose situation.
Let's look at some other not so infringing contracts. Like Marriage, is that a contract? I'd say so. There's the Two Parties, you Agree to be Obligated to love and care for one another till death. No conseration you say. Well lets look at those vows again. To give of all your worldly possesions and how about the time required to hold the marriage together, it's valuable, the saying time is money is true.
How about The Constitution of the United States.
Is there Two Parties, we the people, and governmnet oficials. Whats the Agreement, obligation listedin the constitution like ensuring a republican form of government, or to coin money, or to protect from invation, I would have to quote half the constitutionto get them all. And they are Obligated to do what the constitution says. Where is the Consideration, how about we the people pay them to do this task. I'd say sombody is in breach of contract. Hmm I wonder who?
As for the statement that contracts are property rights. My first example of the contractor points out that it is not so. I cannot see how you came to that conclusion on contracts. The Constitution does say that we have the Right to contract but I cannot see how property is involved. And sell a contract, try selling a contract of sale you can sell the consideration but not the contract. Yes, the purchase of any item is a contract, a short lived one, if you pay in lawfull money (gold or silver), but one just the same. You Agree to pay, to the owner, the amount of Obligation for the Consideration (item).
Hope this clears some things up, even though it is lacking a lot of information. If you have any information to counter anything I have said feel free to offer it. I enjoy constructive debates. Maybe we both can learn something new.
A fellow labor in the work,
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