COMMERCIAL LAW

(I highly recommend that you follow the trail of the words used for understanding of both the words terms and most importantly how they are used by the parties using them.)

(We are starting with FICTION OF LAW because after all that you have read and studied above you have had to come to the realization that what we call law is a fraud. This is how they do it and how they justify it. Remember that only the PUBLIC are victims of this system, the PRIVATE are not because they are informed. If one is victimized after becoming informed it is by their own choice.)

Fiction of law. An assumption or supposition of law that something which is or may (Burtons Legal Thesaurus 4th Edition defines “may” as “must” so when you read the word “may” in any legal documents the word is actually “must”. Therefore when you read this, you see it as must be false) be false is (false) true, or that a state of facts exists which has never really taken place. An assumption, for purposes of (taking captives and destroying this country – NOT JUSTICE AS WE KNOW IT) justice, of a fact that does not or may not exist. A rule of law which assumes as true, and will not allow to be disproved, (even though they know it is not true) something which is false, but not impossible. Ryan v. Motor Credit Co., 30 N.J.Eq. 531, 23 A.2d 607, 621. These assumptions are of an innocent or even beneficial character, and are made for the advancement of the ends of justice. (made for the advancement of the ends of justice. Please think about this, the court allows a known fraud to be a fraud is done for the purpose of the advancement of justice.) They secure this end chiefly by the extension of procedure (procedure is form as we discussed in previous posts) from cases to which it is applicable to other cases to which it is not strictly applicable, the ground of inapplicability being some difference of an immaterial character.

(I really hope you read this in context with what you have read above).

Legal fiction. Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter, though it need not be created improperly; e.g. fiction of lost grant as basis for title by adverse possession.

Legal fraud. Contracts or acts as, though not originating in actual evil design to perpetrate fraud, yet by their tendency to mislead others or to violate confidence, are prohibited by law. Ruedy v. Toledo Factories Co., 61 Ohio App. 21, 22 N.E.2d 293, 297, 15 0.0. 56. Breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendency to deceive others, to violate confidence, or to injure public interests. Capitol Rod & Gun Club v. Lower Colorado River Authority, Tex.App., 622 S.W.2d 887, 892. Misrepresentation of a material fact made wilfully to deceive, or recklessly without knowledge, and acted on by the opposite party to his damages constitutes “legal fraud.” Coffey v. Wininger, 156 Ind.App. 233, 296 N.E.2d 154, 160. Synonymous with “constructive fraud”. Purcell v. Robertson, 122 W.Va. 287, 8 S.E.2d 881, 883; Tom Reed Gold Mines Co. v. United Eastern Mining Co., 39 Ariz. 533, 8 P.2d 449, 451. For definition of Constructive fraud, see Fraud.

(EVERYTHING YOU READ IN THE FOLLOWING IS OUR GOVERNMENT, LEGAL SYSTEM, IRS AND POLICE FORCE.)

(USE YOUR OWN JUDGMENT)

Fraud. An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Anything calculated to deceive, whether by a single act or combination, or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth, or look or gesture. Delahanty v. Fist Pennsylvania Bank, N.A., 318 Pa.Super. 90, 464 A.2d 1243, 1251. A generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. Johnson v. McDonald, 170 Okl. 117, 39 P.2d 150. “Bad faith” and “fraud” are synonymous, and also synonyms of dishonesty, infideli­ty, faithlessness, perfidy, unfairness, etc. Elements of a cause of action for “fraud” include false representation of a present or past fact made by defendant, action in reliance thereupon by plaintiff, and damage resulting to plaintiff from such misrepresentation. Citizens Standard Life Ins. Co. v. Gilley, Tex.Civ.App., 521 S.W.2d 354, 356.

As distinguished from negligence, it is always positive, intentional. It comprises all acts, omissions, and concealments involving a breach of a legal or equitable duty and resulting in damage to another. And includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence, by word of mouth, or by look or gesture. Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconvenience or loss to the other. See also Actionable fraud; Badges of fraud; Cheat; Civil fraud; Collusion; Constructive fraud; Criminal (Criminal fraud), Deceit; False pretenses; False representation; Intrinsic

(This just like the other posts I have presented is a lot of information and can be very overwhelming to try and put together but I assure you that if you do you will never be victimized by the legal system again. I encourage you to take your time and not only read but get that 6th edition out and study these words so that it will become a part of you. I wish you luck.)