Tuesday, October 18, 2011


Article 109-Agreement        
Canon 2144           
An Agreement, is any mutual oath, vow, deed, covenant, will or pact between two or more Persons through valid Document Form to do or refrain from doing certain Acts or obligations.           
Canon 2145           
By definition an Agreement is only valid when it is registered into a Great Register of a Ucadian Society.           
Canon 2146           
Agreements may be defined by two main types as defined by the way the primary relationship between the parties is formed in agreement: (1) unilateral and (2) bilateral:            
(i) A bilateral agreement , is an agreement in which each of the parties to the contract makes a promise or promises to the other party; and           
(ii) A unilateral agreement , is where only one party to the contract makes a promise.           
Canon 2147           
An Agreement is neither valid nor enforceable unless it complies to the following nine (9) essential elements:           
(i) Conformity and Accordance in form and content to these canons and the most sacred covenant Pactum De Singularis Caelum; and
(ii) Independent Minds being two or more parties with each possessing an independent mind having the powers of cognition, free will and intention; and
(iii) Good Faith being the clear intention by all parties to act ethically and fairly to reach an agreement; and           
(iv) Clean Hands being the clear intention to avoid any unethical behavior or failure to disclose a pecuniary or conflicting interest, some significant flaw or unfair advantage; and            
(v) Competency and Authority that both parties are mentally competent to enter into an agreement and possess the authority to do so; and
(vi) Legitimate Offer made by one party to the other; and
(vii) Valuable Consideration made by the receiving party to the legitimate offer; and
(viii) Remedy and Relief for all parties in the event of some disagreement or breach; and           
(viii) Penalties and Charges proposed by one or the other party in the event of some disagreement or breach; and
(ix) Mutual assent, also known as mutual agreement and concurrence of wills (consensus ad idem) being a meeting of the minds.
Canon 2148           
In the interpretation of an Agreement against the rules of general validity, the following general guidelines are to be followed:           
(i) The common intention of the parties rather than adherence to the literal meaning of the words shall be sought in interpreting a contract; and           
(ii) In interpreting a contract, the prime form of the contract and the common interpretations given to it by statute, previous court decision and use are to be taken into account; and           
(iii) Each clause of an agreement is interpreted in light of the others so that each is given the meaning derived from the contract as a whole; and           
(iv) A clause is given a meaning that gives it some effect rather than one that gives it no effect; and           
(v) Words susceptible of two meanings shall be given the meaning that best conforms to the subject matter of the agreement; and           
(vi) A clause intended to eliminate doubt as to the application of the contract to a specific situation does not restrict the scope of a contract otherwise expressed in general terms; and           
(vii) The clauses of an agreement cover only what it appears that the parties intended to include, however general the terms used; and           
(viii) In case of doubt, an agreement is interpreted in favour of the person who made the consideration and accepted the obligation and against the person who stipulated it. In all cases, it is interpreted in favour of the adhering party or the consumer.           
Canon 2149           
While the rules of general validity must be met for an Agreement to be valid, the rule of consent is such that it requires further detail. The following elements if one or more are identified void consent:           
(i) That the person did not not give consent, but the other party commited a fraud by indicating consent was given through forgery; or           
(ii) That the person making consent was not authorized to make such consent; or           
(iii) That the person making consent was not competent at the time to make such a consent; or           
(iv) That the person making consent did so under clear pressure and/or duress; or           
(v) That the person making consent did so under threat of harm or injury to other person or property.           
Canon 2150           
An Agreement creates obligations and, in certain cases, modifies or extinguishes them.           
Canon 2151           
Valid Agreements must be kept.           
Canon 2152           
An Agreement between inferior persons cannot abrogate, modify, supercede or replace an Agreement between superior persons. Therefore, no Agreement claimed by a Roman society or its agents can claim to be superior to an Agreement issued in accordance with these canons.           
Canon 2153           
As any claimed Agreement by a Roman society cannot abrogate, modify, supercede or replace an Agreement between superior persons, any Agreement entered into through a Roman society shall have no force of law, binding nor validity when challenged in accordance with these canons.           
Canon 2154           
A Breach of agreement is a legal cause of action in which a binding agreement or bargained exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance.           
Canon 2155           
There are primarily three classes of breaches of agreements: Minor, Material and Fundamental:           
(i) A minor breach, also known as a partial breach occurs when the non-breaching party is only entitled to collect the actual amount of damages and not for any order for performance of obligations; and           
(ii) A material breach is any failure to perform that permits the other party of the agreement to either compel performance or collect damages because of the breach; and              
(iii) A fundamental breach is a breach so fundamental that it permits the aggrieved party to terminate performance of the agreement, in addition to entitling that party to sue for damages.           
Canon 2156           
Proof of fraud in construction, disclosure or performance of an Agreement constitutes a fundamental breach.           
Canon 2157           
An agreement founded on fraud is null and void.

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