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Thursday, 4 July 2013

Don't be Kangarooed

A Notice of Understanding and Intent is a notice served to ensure that a full understanding of the intention of the parties entering into a contract is clear. This is particularly important if, as in my case, there is no intention to enter into written contracts.


The purpose of this particular notice is to establish that certain statutes cannot apply to any relationship between the parties named in the notice.

Points 1 to 3 make it clear that the Employment (Jersey) Law 2003 is not applicable to the relationship, point 4 makes it clear that the Social Security (Jersey) Law 1974 does not apply, point 5 rules out the Regulation of Undertakings and Development (Jersey) Law 1973 and point 6 rules out the Control of Work and Housing (Jersey) Law 2013.

The method is simple in each of the above laws there is a section which sets out the 'status' of any person to which it applies, therefore by excluding the granting of that status by any contract which the parties may enter into (in the example below by taking the exact wording and ruling it out) you therefore exclude the possibility of the application of that statute to any contract which may be entered into.

Point 7 clearly establishes that all Common Law remedies for any action bought with a legitimate Cause of Action may be determined by any Court anywhere under the Common Law, thus creating the fairest, least biased and most equitable form of resolution. Which also does not support unnecessary government interference and expenditure.

All these laws are biased in that they are designed to maximize the amount of money which can be extracted from people, just going about their everyday business, by our infallible and much beloved government.

It is not enough simply to not have a contract, to ensure maximum safety some guidelines must be established to ensure that any contracts that are entered into (or might otherwise be presumed to exist by the Court) are ruled out, without limiting yourself to any particular terms or conditions.

NOTICE OF UNDERSTANDING AND INTENT

First Person:

Second Person: Darius James Pearce

This notice shall apply to each and every contract which the above named parties may enter into from time to time.
  1. No contract shall require the first person to perform personally any work or services for the second person. 
  2. No contract shall make the status of the second person anything other than client or customer of the first person. 
  3. No contract shall be entered into in which the first person works for the second person under a contract of service or apprenticeship with the second person. 
  4. No contract shall grant the First Person the status of employed person, that is to say, gainfully occupied in employment in Jersey under a contract of service. 
  5. No contract shall increase the number of persons engaged in any undertaking of the second person. 
  6. No contract shall appoint the first person to work in or for any undertaking of the second person. 
  7. Any contract shall be governed and construed in accordance with the Common Law and no statute whatsoever shall be applicable. Each party hereto irrevocably submits to the exclusive jurisdiction of the Courts of the Common Law with respect to any matter arising under or related to any contract which the above named parties may enter into.