Requirement for Consent

CONTRACT. [. . .] An implied contract is one not created or evidenced by the explicit agreement of the parties, but inferred by the law, as a matter of reason and justice from their acts or conduct, the circumstances surrounding the transaction making it a reasonable, or even a necessary, assumption that a contract existed between them by tacit understanding. Miller's Appeal, 100 Pa. 568, 45 Am.Rep. 394; Landon v. Kansas City Gas Co., C.C.A.Kan., 10 F.2d. 263, 266; Caldwell v. Missouri State Life Ins. Co., 230 S.W. 566, 568, 148 Ark. 474; Cameron, to Use of Cameron, v. Eynon, 332 Pa. 529, 3 A.2d. 423, 424; American La. France Fire Engine Co., to Use of American La. France & Foamite Industries, v. Borough of Shenandoah, C.C.A.Pa., 115 F.2d. Implied contracts are sometimes subdivided into those "implied in fact" and those "implied in law," the former being covered by the definition just given, while the latter are obligations imposed upon a person by the law, not in pursuance of his intention and agreement, either expressed or implied, but even against his will and design, because the circumstances between the parties are such as to render it just that the me should have a right, and the other a corresponding liability, similar to those which would arise from a contract between them. This kind of obligation therefore rests on the principle that whatsoever it is certain a man ought to do that the law will suppose him to have promised to do. And hence it is said that, while the liability of a party to an express contract arises directly from the contract, it is just the reverse in the case of a contract "implied in law," the contract there being Implied or arising from the liability. Bliss v. Hoy, 70 Vt. 534, 41 A. 1026; Kellum v. Browning's Adm'r. 231 Ky. 308. 21 S.W.2d. 459, 465. But obligations of this kind are not properly contracts at all, and should not be so denominated. There can be no true contract without a mutual and concurrent intention of the parties. Such obligations are more properly described as "quasi contracts." Union Life Ins. Co. v. 886, 867.

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Glasscock, 270 Ky. 750, 110 S.W.2d. 681, 686, 114 A.L.R. 373.

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[ Black’s Law Dictionary, Fourth Edition, p. 395]

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If you want to investigate the matter of federalism further, we highly recommend the following succinct summary from our 23 SEDM Liberty University, Section 2.4: 24

Cooperative Federalism , Form #05.034 http://sedm.org/Forms/FormIndex.htm

Understanding Administrative Law 37

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What you are about to read is very provocative and likely to shock, but educate, many of you. Some of you will likely be 26 inspired to do likewise, but just as you see those disclaimers which say, "Experts - do not try this at home," so I say, 27

"Do not try mimicking this at home. Remember, when reality and common sense run up against politics and lust

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for money, the former two will not register in the courts."

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We have all heard the term "Administrative Law." Administrative Law is everywhere in society, and affects everyone of us. 30 But despite our familiarity, how many people really know what "Administrative Law" is? Most people see the word "Law" 31 and automatically think it is some kind of a special law passed by either Congress, our state legislators, or our city councils, 32 etc. No matter where we are in our experience and knowledge of Administrative Law, we all tend to feel deep down inside, 33 "I just do not like it." It is that same sort of feeling when we drive down the highway and pass a police car with its lights 34 flashing, having pulled over a car. You don't naturally think, "Boy, I'm pleased to see that police officer out here on the 35 highway performing us a public service." Rather, you are more likely to think, "Boy, I'm glad it's him he pulled over, and 36 not me." Just as hearing from the Internal Revenue Service, "public service" is probably the last thing that enters your mind. 37 Administrative Law demands things of us that intrude into our personal lives, our homes, our businesses. It makes us 38 comply with certain codes, inspects us, demands arbitrary taxes and payment in advance of establishing liability, calls us 39 into account before boards composed of political appointees having conflicts of interests, all without the benefit of a trial by 40 jury of your peers. 41 Administrative Law governs us, to name only a few, in our relation to our children through CPS, our right to contract 42 through the State Contractor's License Board, our businesses through Business Licenses and Worker's Compensation 43 Boards which provide a feeding frenzy for lawyers, and even our pleasurable moments through Fishing and Gaming 44 Licenses, our travel through DMV, etc., etc., and so on without end. In fact, all of our lives in every area is governed by 45 administrative agencies and their "laws," and there is near nothing that is not regulated and licensed by some agency. It 46 would almost seem that life's existence itself is but a special privilege of government that is revocable upon whim. 47

37 By: Ron Branson, Author/Founder J.A.I.L., http://www.jail4judges.org.

Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________