SUFFICIENCY OF THE 'EXPLICIT' RESERVATION
1-207 has been changed to 1-308 [look it up]
http://www.scribd.com/doc/7552051/UCC-1103-1207
UCC 1-207 is “Remedy” from Colorable Statutory Law and UCC 1-103 is your
“Recourse”!!! Use UCC 1-207 to reserve your right and 1-103 to argue your rights, under the Common Law, in court. State must produce a “flesh and blood” damaged party!!
U.C.C. 1-207:4 Sufficiency of reservation. Any expression indicating any intention to preserve rights is sufficient, such as
"without prejudice," "under protest," "under reservation," or "with reservation of all our rights."
The Code states an "explicit" reservation must be made. "Explicit" undoubtedly is used in place of "express" to indicate that the reservation must not only be "express" but it must also be "clear" that such a reservation was intended.
The term "explicit" as used in U.C.C. 1-207 means "that which is so clearly stated or distinctively set forth that there is no doubt as to its meaning.".. ..
U.C.C. 1-207:7 Effect of reservation of rights. The making of a valid reservation of rights preserves whatever rights the person then possesses and prevents the loss of such right by application of concepts of waiver or estoppel....
U.C.C. 1-207:9 Failure to make reservation. When a waivable right or claim is involved, the failure to make a reservation thereof causes a loss of the right and bars its assertion at a later date....
U.C.C. 1-103:6 Common law. The Code is "Complementary" to the common law which remains in force except where displaced by the Code.. ..
A statute should be construed in harmony with the common law unless there is a clear legislative intent to abrogate the common law.... "The Code cannot be read to preclude a common law action."
EXAMPLE
My use of "Without Prejudice UCC 1-207" near my signature on this document indicates that I have exercised the "Remedy" provided for me in the Uniform Commercial
Code in Book 1 at Section 207, whereby I have reserved my Common Law right not to be compelled to perform under any contract, and/or agreement, or bankruptcy that I have not entered into knowingly, voluntarily, and intentionally. And, that reservation serves notice upon all administrative agencies of government -- national, state and local -- that I do not, and will not, accept the liability associated with the "compelled" performance of any
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