TNT:
Jaybird:
I WANTED TO DROP BY AND SAY HAVE ANY OF U HEARD WHAT FRANK SAID TONIGHT… HE SAID HE THINKS THERE WORKING ON AN IR NOW….I NTERNATONAL RATE NOW WE JUST CANT SEE IT YET
FRANK 26 CC TONIGHT
https://www.freeconferencecallhd.com/playback/?n=OTQCw/jAWEP
<><>
TropicalrockStar:
Why do we need to write “All right’s reserved” and “Without Prejudice UCC 1-207” over account application signature?
<><>
AmazingLamont:
"All Right Reserved" may not be sufficient to preserve your rights. no
Personally, I will sign all documents as follows: Without prejudice UCC 1-207
Write this in just above your signature; your signature MUST be the last thing on the document.
This is a provision under the Uniform Commercial Code that reserves your rights under common law.
It does a few things for you.
• It prevents your rights under common law from being forfeited.
• It prevents any terms of the contract that are not directly written in the contract from being implied or enforced.
• It protects you from terms of a contract that are agreed to under duress or force; something you have no real choice in.
I understand that the Federal version of the UCC has been updated and is now UCC 1-301.
However, almost every state has adopted and codified the UCC; look it up for your state.
It reads:
1-207. Performance or acceptance under reservation of rights.
(1) 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.
(2) Subsection (1) does not apply to an accord and satisfaction.
Once again, I am not an attorney! Check with your own attorney for legal advice.
<><>
Ozark76:
let's say there was something implied in a contract you were signing, that was not readily obvious, nor explicitly stating in writing. Nevertheless, the other party is holding you to it. By using "all rights reserved" before your signature invoking UCC 1-308 protections, you have shielded yourself to only being liable for the word-to-word provisions of the contract, and have not accepted any "compelled benefits" or liabilities that were not explicitly stated.
(It also leaves an open loophole for common law remedies where none would have otherwise existed.)
It does NOT invalidate the terms of the contract. You are explicitly bound by the contract only, not implied or unstated crap.
ALSO, F.Y.I.
UCC 1-207 was replaced over 10 years ago.
It is now UCC 1-308: http://www.law.cornell.edu/ucc/1/1-308
<><>
EFrantz:
All right's reserved........
This is a habit of people whose paranoia exceeds their legal knowledge, people who often feel very strongly that they are smarter than the system and are one step away from wearing tinfoil hats so the government doesn't steal their thoughts.
The legal meaning of the term is that no rights are waived except those expressly stated in the document. Example: If I offer you $100 for your property that you claim I damaged, "without prejudice" means that my offer is just an offer of money but is not an admission of guilt.
In your case, it won't change anything. If the document waives your right to sue for neglect, then writing "without prejudice" won't change that, despite the amateurs who insist that it is important.
You can sign the document, or you don't sign it. If you don't sign it, or if you put conditions that are unacceptable to the school, then your daugher can be blocked from the trip.
In reality, signing the document won't change anything. If they are negligent, you can still sue them, and this paper will not stop it.
Your signature will only prove that you knew the trip was hazardous, regardless of how you sign it.
Jaybird:
I WANTED TO DROP BY AND SAY HAVE ANY OF U HEARD WHAT FRANK SAID TONIGHT… HE SAID HE THINKS THERE WORKING ON AN IR NOW….I NTERNATONAL RATE NOW WE JUST CANT SEE IT YET
FRANK 26 CC TONIGHT
https://www.freeconferencecallhd.com/playback/?n=OTQCw/jAWEP
<><>
TropicalrockStar:
Why do we need to write “All right’s reserved” and “Without Prejudice UCC 1-207” over account application signature?
<><>
AmazingLamont:
"All Right Reserved" may not be sufficient to preserve your rights. no
Personally, I will sign all documents as follows: Without prejudice UCC 1-207
Write this in just above your signature; your signature MUST be the last thing on the document.
This is a provision under the Uniform Commercial Code that reserves your rights under common law.
It does a few things for you.
• It prevents your rights under common law from being forfeited.
• It prevents any terms of the contract that are not directly written in the contract from being implied or enforced.
• It protects you from terms of a contract that are agreed to under duress or force; something you have no real choice in.
I understand that the Federal version of the UCC has been updated and is now UCC 1-301.
However, almost every state has adopted and codified the UCC; look it up for your state.
It reads:
1-207. Performance or acceptance under reservation of rights.
(1) 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.
(2) Subsection (1) does not apply to an accord and satisfaction.
Once again, I am not an attorney! Check with your own attorney for legal advice.
<><>
Ozark76:
let's say there was something implied in a contract you were signing, that was not readily obvious, nor explicitly stating in writing. Nevertheless, the other party is holding you to it. By using "all rights reserved" before your signature invoking UCC 1-308 protections, you have shielded yourself to only being liable for the word-to-word provisions of the contract, and have not accepted any "compelled benefits" or liabilities that were not explicitly stated.
(It also leaves an open loophole for common law remedies where none would have otherwise existed.)
It does NOT invalidate the terms of the contract. You are explicitly bound by the contract only, not implied or unstated crap.
ALSO, F.Y.I.
UCC 1-207 was replaced over 10 years ago.
It is now UCC 1-308: http://www.law.cornell.edu/ucc/1/1-308
<><>
EFrantz:
All right's reserved........
This is a habit of people whose paranoia exceeds their legal knowledge, people who often feel very strongly that they are smarter than the system and are one step away from wearing tinfoil hats so the government doesn't steal their thoughts.
The legal meaning of the term is that no rights are waived except those expressly stated in the document. Example: If I offer you $100 for your property that you claim I damaged, "without prejudice" means that my offer is just an offer of money but is not an admission of guilt.
In your case, it won't change anything. If the document waives your right to sue for neglect, then writing "without prejudice" won't change that, despite the amateurs who insist that it is important.
You can sign the document, or you don't sign it. If you don't sign it, or if you put conditions that are unacceptable to the school, then your daugher can be blocked from the trip.
In reality, signing the document won't change anything. If they are negligent, you can still sue them, and this paper will not stop it.
Your signature will only prove that you knew the trip was hazardous, regardless of how you sign it.
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