Page 181 - The Circle of Life

and the men who caused the delict and let him explain the "computer error" or

"bank policy" to the court. I am sure they will be vastly amused and so will you.

We spoke about the Pretty One who signs the contract with you before and

presumably she signs on behalf of your worst enemy. I explained how they could
not understand the legal difference between an attorneys trust account and the

account of a trust. Now let me take that deplorable lack of knowledge further to
our advantage. According to the legalities of the Consumer Protection Act they

need to explain to you what the contract means in a language which you
understand. As you know I also said that no-one including me really understand

the terms and conditions and Latin phrases which makes it sound so good. I do
foresee then that it will be very possible to call that Pretty One to court and ask

her to explain the finer details on the contract and that she will fail miserably.

What does that mean to you? A lot actually for now you proved to the court that
she is incapable of explaining the finer contract details and thus you probably

(on a balance of probabilities) could not and did not understand what you
signed. Your version of events now starts to make sense. This may destroy their

claim against you and yes it is tough on the Pretty One but then it is just
business as usual you know. She does not mind when you are called to court to

explain whatever questions they have. Get a helmet Pretty One. It is just
business as usual. Blame the one who called me in the beginning of this book.

Your worst enemy may then try the legal defense of ultra vires which is where

they say that the Pretty One exceeded her powers by signing the agreement and
throw her to the wolves. It is mostly obsolete now and they will have a terrible
time in proving that to the court. These days the general idea is that if someone

signs on behalf of a company he was fully authorised to do so. Thus the

company is bound to whatever stands in that contract and the contract was not
properly explained as required by law. How pathetic to play the blame game to
begin with I say!

I can tell you though that the state is most definitely bound by ultra vires.

Anything they do which is beyond their specific powers will be challenged but
that is an entirely different book which I will not be bothered to write.

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