A contract is an agreement of wills by which one or several persons obligate

themselves to one or several other persons to perform a prestation.

Contracts may be divided into contracts of adhesion and contracts by mutual

agreement, synallagmatic and unilateral contracts, onerous and gratuitous
contracts, commutative and aleatory contracts, and contracts of
instantaneous performance or of successive performance; they may also be
consumer contracts.

In order to form a valid contract it takes an agreement of wills. This does not
simply mean that if you agree to contract then automatically you are
responsible for what you contracted into. The object or reason for a contract
is to bind you and the other party to perform certain actions. Whether it is to
repay money or to perform services, the contract is meant to hold you
accountable to what you agreed to perform.

A prestation is just a fancy way of saying- a payment in money or in services,

a duty to do or not do something in fulfillment of an obligation, or the
performance of such a duty. A contract any contract is governed and
controlled by law. The way individuals can bind themselves to enter into a
contractual agreements is a controlled environment.

There are several types of contracts that can be used.Contracts may be

divided into

Contracts of adhesion - A contract of adhesion is a contract in which the

essential stipulations were imposed or drawn up by one of the parties, on his
behalf or upon his instructions, and were not negotiable.

Contracts by mutual agreement- Any contract that is not a contract of

adhesion is a contract by mutual agreement.

A synallagmatic or bilateral contract- is when the parties obligate themselves

reciprocally, each to the other, so that the obligation of one party is
correlative to the obligation of the other.

A unilateral contract- is when one party obligates himself to the other without
any obligation on the part of the latter, the contract is unilateral.

A onerous Contract a contract is onerous when each party obtains an

advantage in return for his obligation.

A gratuitous Contract- When one party obligates himself to the other for the
benefit of the latter without obtaining any advantage in return.

A commutative contract- A contract is commutative when, at the time it is

formed, the extent of the obligations of the parties and of the advantages
obtained by them in return is certain and determinate.

A aleatory contract- When the extent of the obligations or of the advantages

is uncertain A contract of instantaneous performance- Where the
circumstances do not preclude the performance of the obligations of the
parties at one single time.

A contract of successive performance- is where the circumstances absolutely

require that the obligations be performed at several different times or without
interruption.

A consumer contract- A consumer contract is a contract whose field of

application is delimited by legislation respecting consumer protection
whereby one of the parties, being a natural person, the consumer, acquires,
leases, borrows or obtains in any other manner, for personal, family or
domestic purposes, property or services from the other party, who offers such
property and services as part of an enterprise which he carries on.

Prior to ever giving your agreement to enter into the contract there is
something called disclosure. This means that every action, every profit,
everything that the contract will create or cause to happen must be indicated
in the contract itself. Those who are entering into contract together must
disclose to one another all elements of the contract, all the obligations that
will be placed upon both parties by this contract agreement. Failure to do so
will is against contractual law.

An offer to contract is a proposal which contains all the essential elements of

the proposed contract and in which the offeror signifies his willingness to be
bound if it is accepted. An offer to contract derives from the person who
initiates the contract or the person who determines its content or even, in
certain cases, the person who presents the last essential element of the
proposed contract.

How someone becomes bound to a contractual obligation is also controlled by

law. There must be an offer to enter into a contract made and there must be
an acceptance of this offer in order for a contract to be formed. To accept a
contract or to give your consent or to enter into the obligation it takes either
an express agreement or a tacit agreement.

An express agreement is when after all the obligations were disclosed to you,
you agree and sign upon the contract to enter into contractual relationship.
You promise that you will perform all the obligations on your part and you
willfully accept them.

A tacit agreement is a forum, an operation of law that is used to try to bind

someone to a contract without their express agreement. The law has
provided a certain way that you can enter into this type contract.

The tacit agreement works as follows. You must send the original contract
with all the terms and conditions disclosed upon the offer. You must provide
the one you are seeking to enter into a tacit agreement with, the time to read
and take judicial notice of the contract. After the time limit is expired and the
party has not contacted you, you must then send an opportunity to cure. This

is a necessary step and cannot be eliminated. It is part of the process of

establishing a tacit agreement. You will send the party a letter indicating that
they have failed to address your offer to contract and you are asking them to
respond to the original request that was sent to them. You will grant them a
specific time frame to respond to this letter and opportunity to cure about
two weeks is fine. Failure on their part to address the opportunity to cure will
place them into acceptance of the contract. You must then send a third
indication to them informing them that you and the party are now in a tacit
agreement, a valid contractual agreement.

There is provision for the opposite part who you are seeking to place under a
tacit agreement to use in order to stop the offer and not enter into contract.
Silence does not imply acceptance of an offer. If you send an offer to contract
to someone and they do not respond or they remain silent this is not an
acceptance.

There is no obligation to respond unless the one seeking the contract is using
the contractual operations of a tacit agreement then silence on behalf of the
other party is an acceptance of the offer. The confirmation of a contract
results from the express or tacit will to renounce the invocation of its nullity.
The party you are attempting to bind under an express or tacit agreement
has the obligation to declare that they give up their rights to invoke the
nullity of the contract you are trying to establish. In other words they will not
contest or declare the contract invalid and accept to be bound to the terms
and conditions.

To learn more about the banks in Canada and the contracts they create
concerning Consumer notes go here http://eternallyaware.com/banks-moneyand-you.html

An offer to contract is a proposal which contains all the essential elements of

the proposed contract and in which the offeror signifies his willingness to be
bound if it is accepted.

What ever actions or benefits that either party will make or perform must be

indicated completely and fully in the contract itself in order for the contract to
be considered valid and acceptable.

The object of a contract is the juridical operation envisaged by the parties at

the time of its formation, as it emerges from all the rights and obligations
created by the contract. For any contract to be valid and enforceable the
contract itself the way it was set up must follow a strict operation of law. They
term this the juridical operation envisaged. This is where the type of contract
comes into play as described earlier on this page.

Consent may be given only in a free and enlightened manner.It may be

vitiated by error, fear or lesion. Only after all the terms and conditions have
been expressed in the and if the contract itself has a proper juridical
operation backing it then can consent or acceptance be given.

Error vitiates consent of the parties or of one of them where it relates to the
nature of the contract, the object of the prestation or anything that was
essential in determining that consent. If one of the parties for example is
profiting or benefiting from the contract above that which was agreed upon
that would equate to error on that parties behalf. If you did not agree to allow
them to benefit in a way they did, and they did not tell you this when you
gave your consent to contract then you gave your consent without
enlightenment and this consent can be withdrawn.

Full disclosure is their obligation to inform you of all the terms and conditions
that this contract is bringing forth. Every way that the party intends to profit
or receive service from this contract must be indicated within the contract.
There is no if's and's or but's about this, everything must be revealed in the
contract itself and failing to do so equals an invalid contract.

Is the contract that you are about to sign binding you to perform or take
certain actions, these actions or performance requirements must be indicated

completely and fully in the contract, If they were not presented to you and
you are not provided the opportunity to read over fully to understand and
comprehend what it is that would be required of you then again this is not full
disclosure. If the contract is giving permission to the other party to take
actions on your behalf or to do something for you it is necessary that every
right and every action is clearly indicated within the contract.

Here is an example of, most of us if we look into our wallets or purses will find
a plastic rectangular thing that we designate a credit card charge card I think
it should be termed the fraud card instead. They solicit you and make you an
offer hope you accept, here is the offer $10,000 credit limit, make an
application. You accept their offer and you make an application they verify
your credit score, with the credit bureaus and if your number is good enough
volia they send you the fraud card.

With the card they will send you the terms and conditions of the card or that
are attached to the card or you using the card. To keep it simple will say after
30 days you agree that whatever balance you owe them you will pay them
18% annually upon it. If after three months you haven't made a minimum
payment they can demand upon you for payment, that's one of the terms
and conditions of the contracts they send.

They promise you in that contract that if you go into a merchant store that's
just a fancy way of saying if you go shopping and buy something that
whatever you buy or whatever you purchase, and placed that purchase on
your charge card, your credit card they will pay the merchant on your behalf.
So for example if you buy $100 worth of goods from the store and charged to
your card what they tell you it's they will pay on your behalf the money you
owe the merchant, and then you will pay them back through your credit card
account. That's what they promised to perform for you.

What they fail to inform you of in the contract, is that whatever you purchase
from a merchant store whatever the total amount is, this is not the amount
that they are paying or returning to the merchant.

We will stay with the hundred dollar example. You purchase $100 of goods
charged to your card now the merchant has sent that slip the request to be

paid to the charge card company the slip is for $100. The charge card holding
company only pays $97.50 to purchase that receipt. They obtained the
receipt and are holders of that note. Now a secondary company comes along
and offers to purchase that receipt from them for the amount of $98.50. The
charge card holding company then sells the note the merchant's request for
the amount of 98.50$ to the second company and by doing so they just made
a one dollar profit. Doesn't seem like much but times that by hundreds of
millions of transactions every day and they're making a pretty penny.

Now if they keep it would only two interlopers in your contract that the credit
card company that offered you your card just made $1.50 off your
transaction, which they never told you about which you never agreed to allow
them to profit in this way from the contract that you signed with them. This is
an example of nondisclosure that is being used against you when you sign up
for this credit card accounts

The operations of the Bank and your Patrimony.

Bank Act article 157.1 Subject to this Act, the directors of a bank shall
manage or supervise the management of the business and affairs of the
bank. (e) establish procedures to provide disclosure of information to
customers of the bank that is required to be disclosed by this Act and for
dealing with complaints as required by subsection 455(1);

Bank Act article 158. (1) Every director and officer of a bank in exercising any
of the powers of a director or an officer and discharging any of the duties of a
director or an officer shall (b) exercise the care, diligence and skill that a
reasonably prudent person would exercise in comparable circumstances.

Duty to comply
Bank Act article 158.(2) Every director, officer and employee of a bank shall
comply with this Act, the regulations, the banks incorporating instrument and
the by-laws of the bank.

No exculpation
Bank Act article 158.(3) No provision in any contract, in any resolution or in
the by-laws of a bank relieves any director, officer or employee of the bank
from the duty to act in accordance with this Act and the regulations or
relieves a director, officer or employee from liability for a breach thereof.
bank means a bank listed in Schedule I or II Toronto-Dominion Bank Bank of
Montreal

Permissible registered holder

If a person {which in the bank Act also means NATURAL PERSON} on whom
the ownership of a security of a bank devolves by operation of law,{To pass
on or delegate to another, To be passed on or transferred to another} other
than a person described in subsection (2), provides proof of that persons
authority to exercise rights or privileges in respect of a security of the bank
that is not registered in the persons name, the bank shall, subject to this Act,
treat that person as entitled to exercise those rights or privileges.

This Copy of an act of Birth is in reality, A security in a registered form

created for the NATURAL PERSON whos name is located thereupon as
indicated John Smith.

Bank Act definition person 1 personne person means a natural

person, an entity or a personal representative; a natural person is a man
who can be incorporated/legal fiction. Registered form (4) A security is in
registered form if (a) it specifies a person entitled to the security or to the
rights it evidences, and its transfer is capable of being recorded in a
securities register; or (b) it bears a statement that it is in registered form.

The security I am holding bears the natural person John Smith. The security
also bears a Registration number 1197504118765.

The Guarantor of this said valuable security is noted upon the

documentation, Quebec.

Status of guarantor
Bank Act article 84. A guarantor for an issuer of a security is deemed to be an
issuer to the extent of the guarantee, whether or not the guarantors
obligation is noted on the security.

Signatures
Bank Act article 86 (1) A security certificate shall be signed by or bear the
printed or otherwise mechanically reproduced signature of at least one of the
following: (a) a director or officer of the bank; (b) a registrar or transfer agent
of the bank or a branch transfer agent or a natural person on their behalf; or
(c) a trustee who certifies it in accordance with a trust indenture.

The Security certificate that I am holding has the Signature that corresponds
to the above article, in the mechanically reproduced signature of {Pierre E
Rodrigue {S}}.

The agents acting on behalf of her Majesty in right of Canada /Quebec have
been acting as fiduciary over this Security through the ACT OF REGISTERING
A BIRTH ,the signing over of said rights by the declarants to the agent acting
in right of her Majesty.

Dealings with registered owner

Bank Act article 93 (1) A bank or a trustee within the meaning of section 294
may, subject to subsections 137(5) to (7) and sections 138 to 141 and 145,
treat the registered owner of a security as the person exclusively entitled to
vote, to receive notices, to receive any interest, dividend or other payment in
respect of the security and to exercise all of the rights and powers of an
owner of the security.

Now the above article states that according to the Act, the REGISTERED
owner in this Act has power to exercise all the rights and powers of THE
OWNER even though they are not the OWNER. This has been the condition
with my security certificate, there was a Constructive registered holder
.However I am no longer a Minor and I have legally/lawfully severed this
relationship with the registered owner, the fiduciary agent.

Constructive registered holder

Notwithstanding subsection (1), a bank may treat a person as a registered
security holder entitled to exercise all of the rights of the security holder that
the person represents, if that person provides the bank with evidence as
described in subsection 127(4) that the person is b) the personal
representative of a registered security holder who is a minor, an incompetent
person or a missing person;

On this Certified copy of the security certificate it denotes the identification of

the Natural person John Smith as a CHILD or a Minor, thereby creating a
Constructive registered holder, declaring that there is a personal
representative of a registered security holder who is a minor. I can assure I
am not a minor anymore.

Surf to this location in order to see how they actually did this.
http://eternallyaware.com/security-in-action.html

Notice of Determination

September 20th 2003

The contracts that the banks, financial institutions have presented to Persons
{under the term credit card, personal line of credit, ect} are filled with
misrepresentations, racketeering, forgery and other actions.

The agents of the banks, financial institutions have exercised and acted upon
these contracts knowing full well that these contracts contravene the
Criminal Code of Canada. The alleged/apparent offences are sub-classified
as follows:

1.Misrepresentation of the substance of a transaction, pursuant/contrary to

one or more of s. 51 of the Combines Investigation (Competition) Act, s.
380(1) and s. 397(1)(b) of the Criminal Code, s. 15, s. 450, s. 451, and s.
452(2) of the Bank Act, s.4 of the Canada Interest Act, and, inter alia, s. 190
and s. 192 of the Bills of Exchange Act.

2.Agency fraud, contrary to one or more of s. 380(1), s. 336, and s. 426 of the
Criminal Code.

3.Forgery and offences resembling forgery, pursuant/contrary to one of more

of s. 321, s. 363, s. 366, s. 367, s. 368, s. 375, s. 388, s. 390, and s. 397(1)(a)
of the Criminal Code, and s. 15 and s. 238(2)(c) of the Bank Act.

4.Criminal interest rate offences, contrary to s. 347 of the Criminal Code.

5.Enterprise crime/racketeering offences, pursuant/contrary to s. 15, s.

238(2), s. 450, s. 451, s. 452(2), and s. 488, of the Bank Act, and s. 206(1)(e),
s. 321, s. 366, s. 368, s. 380(1), s. 426, s. 462.3(c), and s. 462.31, of the
Criminal Code.

Under the Quebec civil code article there are many Persons living in Quebec
that should be liberated from the actions of the banks and financial
institutions under articles found in the QCC {1401,and 1413 ,and 1416, and
1422}.

Your party failed full disclosure and broke the alleged terms and conditions.
Where is the alleged original instrument of indebtedness?

6.The banks are creating electronic accounts generated by the Persons

signatures out of thin air and terming them credit {promise to pay}, loan
accounts which they are not. Then when persons wake up to the fraud that is
being capitulated and refuse to honor the contract. The banks representative
tries to invoke her Majesties justice system claiming loss or damage, and
breach of contract. There is no Real lose or damage to the banks for the

electronic account that was created causes no MATERIAL loss or damage to

BMO.

7.The Person involved in this alleged contract {provide original instrument of

indebtedness} after many requests to the BMO concerning the deception,
and racketeering, invoked there right within the Quebec civil code /Criminal
code of Canada to declare this contract null and void because this contract is
contrary to public order is being presented under false pretense and
deception from its inception.

8-The Person refused to continue to accept the alleged privileges associated

with the account and informed the Corporation that these contracts are null
and void due to the deception and fraud. Will be evidenced by certificates of
reception. BMO has suffered no real material or physical loss. It is persons
who are first men/women holders of equity through their signature then a
legal entity, who have been deceived into signing a valuable security created
out of the electronic world for the BMO instead of a credit note, they have
suffered extreme prejudice and extreme loss.

These Persons had to use their natural energy which is limited in nature to
perform work to obtain valuable security in order to give it to the bank
believing all along that the bank had given unto them something that was
real something that could cause the BMO loss. The BMO and its
representatives acted in deception and falsehood.

They should be held liable.

I further understand by the Supreme Court of Canada decision in R. v.

Gaysek, supra, that once a given document is established as a false
document, the offence of forgery-in-law follows as a matter of strict liability,
requiring only that the accused act, or intend to act, on the document with
knowledge of its falseness. Accordingly, for me to do anything the bank asks
me to do pursuant to said document, will constitute an offence on my part.
This I will not do. Without ill will