Requirement for Consent

Lastly, there are some very important things to realize about franchises should you find yourself litigating against their 1 illegal enforcement in court: 2

1. The common law furnishes remedies ONLY for PAST civil injuries. Other than possibly the subject of injunctions, it 3 does not affect and cannot affect FUTURE conduct. 4 2. The common law requires an INJURED PARTY to file the suit against. 5 2.1. Most franchise violations do not HAVE an injured party. 6 2.2. Without a specific injured party, there can be no damages and therefore no jurisdiction to civilly sue. 7 3. Whenever the legislature intends to PREVENT FUTURE injury rather than provide a remedy for PAST injury, then it 8 must do so WITH the consent of the party. The reason is that only by your consent can they deprive you of the 9 exercise of a right that did NOT injure a SPECIFIC other person: 10

“Volunti non fit injuria.

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He who consents cannot receive an injury. 2 Bouv. Inst. n. 2279, 2327; 4 T. R. 657; Shelf. on mar. & Div. 449.

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Consensus tollit errorem.

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Consent removes or obviates a mistake. Co. Litt. 126.

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Melius est omnia mala pati quam malo concentire.

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It is better to suffer every wrong or ill, than to consent to it. 3 Co. Inst. 23.

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Nemo videtur fraudare eos qui sciunt, et consentiunt.

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One cannot complain of having been deceived when he knew the fact and gave his consent. Dig. 50, 17, 145.”

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[Bouvier’s Maxims of Law, 1856;

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SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]

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4. Civil penalties for actions that have no injured party are an example of franchises that are operating in a 21 PREVENTIVE rather than CORRECTIVE mode, because they have no injury or injured party. 22 4.1. They are also called “infractions” and they can only be instituted against those who CONSENT by applying for a 23 “license”. 24 4.2. Absent consent, then they are called a “bill of attainder” if instituted against a non-franchisee or licensee. All 25 such penalties are ILLEGAL and unconstitutional. 26 5. Most courts that administer franchises are NOT in fact “courts” as constitutionally defined, but the equivalent of 27 arbitration boards within the Executive Branch. Thus, for the purposes of administering penalties, they do not satisfy 28 the criteria for a “court” within the meaning of the constitutional prohibitions against “bills of attainder”: 29

United States Constitution

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Article 1, Section. 10

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No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts , or grant any Title of

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Nobility.

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6. Because all franchises are considered “contracts” from a civil legal perspective, then no government official can 36 lawfully interfere with enforcing the contract AGAINST you that you consented to by filling out a government 37 application for the “benefit”. That would amount to essentially protecting you from your own ignorance. Caveat 38 emptor. 39 7. It is perfectly within your rights to choose to do business with those who are UNLICENSED within any and every field 40 or occupation. It is within your rights because: 41 7.1. Government cannot compel you to contract with them by forcing the Seller to be a licensed public officer. 42 7.2. You have a right to contract the government OUT of your life and your business interactions. 43 7.3. Governments are established to PROTECT your right to either contract or NOT contract with ANY and 44 EVERYONE else. Hence, they have to protect you from being forced to contract with THEM. 45 7.4. When this approach is taken, the Seller who would normally be licensed should document in writing that it is the 46 intention of BOTH parties to ensure that the government is not involved and that they are BOTH acting in an 47 EXCLUSIVELY PRIVATE capacity beyond the regulation by any government. 48 7.5. If a government violates this provision or prosecutes the seller for being unlicensed, then they are engaging in a 49 mafia protection racket and committing a criminal tort. 50

Requirement for Consent

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

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