Contract and Presumtion Law

Policy Page


FORUM OF LAW IS COMMON LAW.

ALL UNALIENABLE RIGHTS RESERVED


CONTRACT EXCEPTION: Oregon and Washington Territories legislative jurisdiction shall be validated by acceptance filing including attached attorney general's opinion letter. 40 USC 3112(c)

1 USC 112 All statutes apply in state court

2017 ORS 71.1030¹ Construction to promote purposes and policies (1) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy and other validating or invalidating cause, supplement its provisions. [1961 c.726 §71.1030 (Construction to promote purposes and policies); 2009 c.181 §3; 2011 c.9 §4]

UCC 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

2017 ORS 71.3080¹ Performance or acceptance under reservation of rights (2) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest” or the like are sufficient.

UCC 1-308. Performance or Acceptance Under Reservation of Rights. (b) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.

40 U.S.C. 255 - Approval of title prior to Federal land purchases; payment of title expenses; application to Tennessee Valley Authority; Federal jurisdiction over acquisitions: Clause 6: Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests there in which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests thereinunder his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not there-to fore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as afore-said, it shall be conclusively presumed that no such jurisdiction has been accepted.

18 U.S. Code § 7. Special maritime and territorial jurisdiction of the United States defined: (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

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