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Ucc 1 308 Form: Revise, Finish and share

hello welcome to Latos law I'm Steve lay.till today were talking about the.Internet hoax of UC c1 308 the Internet.hoax of UC c1 308 and I get comments on.this every single day on my youtube.channel I get emails every day about it.and today I got one including a guy who.said that Steve the whole problem with.that driver's license argument of yours.is that the DMV's in most states have.been overruled by UC c1 308 you should.know that you're an attorney well I am.an attorney I've been practicing over 27.years and in fact I took classes on UCC.and I also taught classes on the UCC but.the interesting thing is that the UCC.one 308 does no such thing so it's.important we talk about this so it's.kind of scary if you go on the internet.right now and do a search for UCC 1/3 oh.all of the top searches are all this.nonsense posted by people who say this.subsection of the UCC is what's gonna.save your life someday and it won't but.I have to explain you what this is so.first of all to understand the UCC is.the Uniform Commercial Code and it's a.law.a collection of statutes that was.designed to standardize contract law.with respect to commercial transactions.in United States and it's a great idea.because in the old days and talk about.like say 1940s or earlier if you were to.contract of someone in another state and.you know they sell widgets and you're in.one state they're in another state and.you send them an offer and they send you.back a counteroffer and you accept the.counteroffer and you order the widget.and then they ship you the widget and.the widgets don't conform do you reject.the widgets do you revoke acceptance of.the widgets do you keep the widgets and.sue them and by the way under whose laws.are you suing because you might want to.sue them under your laws they're gonna.want to sue under these their laws and.how do you decide this stuff so the UC.was to see was designed primarily to.simply standardize the laws between the.states it's got nothing to do with.typical day-to-day activities of most.people but you know to understand this.you really understand the point so.forgive me for the books being out of.whack behind me but I actually pulled a.book out of the stack because one of the.books in that stack normally has.Farnsworth on contracts and Farnsworth.is one of the text books on contract law.and this is considered to be rock-solid.description of contracts where they come.from and how they.and I thought it'd be a great place to.show what the explanation is as to why.we have a thing called the Uniform.Commercial Code in the first place and.in Farnsworth points out that the.origins of the Uniform Commercial Code.lie in the law of merchants a.specialized body of usages or customs.that governed contracts dealing with.commercial matters until the 17th.century so the laws have been being.developed since the sixteen hundred's on.contract law the law Merkin was applied.by courts composed of merchants convened.to pass on disputes that arose at the.fairs that were the centers for much of.early trade in Europe large amounts of.this law were carried into the English.common law of negotiable instruments and.insurance and this was doing some.Stanzler part to Lord Mansfield one of.England's most noted judges and later on.England tried very very hard to.formalize and standardize their.contractual laws and then the law of.course from England gets heard to.America with the common law and once in.America as the different colonies and.then the different states dealt with.these issues they tried to standardize.the laws of contracts from state to.state as all states have got their own.laws and in every single state has its.own contract law then it all falls apart.when it comes to interstate or.intercolonial contracts so you should.know that england tried to standardize.theirs through the British Sale of Goods.Act in 1893 and then a few years later.America set out to standardize its own.laws and at one point in time we had a.thing called the Uniform Sales Act but.when the Uniform Sales Act which was.passed in 1906 or at least this one was.drafted that did okay but it didn't do.terribly well they decided to do a whole.scale revamping of the entire law and at.the close of the second war the.commissioners joined forces with the.American Law Institute and put together.the Uniform Commercial Code that's the.whole kit and kaboodle of contract law.in a commercial setting so the.organization's were approved in 1952.they created these things by 1954 and.then the laws were passed by 1961.13 states had adopted the text and by.the 60s most states had in fact Michigan.adopted it first I believe in 1962 as.well and so by 1962 there's a code the.Uniform Commercial Code that governs.commercial transactions around the u.s..regardless what state you're in and.originally Louisiana wasn't an adopter.of the UCC but later on they became one.so I used to have to always say most.states but the code is divided into 11.substantive articles article one is the.general provisions article 2 covers the.sales of goods article 2 a is leases.article 3 is commercial paper article 4.is bank deposits and article 9 is.secured transactions I skip the boring.ones in the middle but basically the.ones I deal with in my practice is.article 2 the sale of goods and that's.because most automobiles are considered.goods and Veck they all are and so when.I handle my lawsuits involving cars I.have several counts that arise from.article 2 such as breach of warranty.bridge of express warranty revocation.acceptance and so on those are all.things that are defined in article 2 of.the UCC so when you encounter somebody.who tells you by the way there's a thing.in article 1 of the UCC.that's what the one designates in the 1.308 you go there's something in the UCC.that governs my everyday life.because the UCC is the Uniform.Commercial Code and most of us don't.live our lives in commerce most of us.live our lives in just a private life.that we lead so the idea that a police.officer who asks you to sign a ticket.for instance that's not involved in.commerce but I digress so the first.thing I always tell people is whenever.somebody asks you or points out to you a.statute said hey this statute means.something and I give you a little sliver.of a statute I did I did a video about.the idea that the driver's license hoax.is he and is larger than this reading of.a single federal statute which if looked.at in context you realize there's.nonsense it doesn't apply to what.they're talking about.well likewise the UCC doesn't apply to.most the situations people are talking.about when it comes to what they say it.does so the Uniform Commercial Code.according to itself ok I'm looking at.section 1 103 5 sections I'm sorry.several sections before 308 it's.at 11:03 construction of the act this is.a Uniform Commercial Code describing its.own purpose this act must be liberally.construed and applied to promote the.following underlying purposes and.policies a to simplify clarify and.modernize the law governing commercial.transactions commercial transactions be.to permit the continued expansion of.commercial practices through custom.usage and agreement of the parties and.see to make uniform the law among the.various jurisdictions but again no.question we're talking commercial.transactions so a commercial transaction.is generally one where I walk up to you.and I say I want to buy something from.you or you have something that you want.to sell to me or I want to sell to you.that's a that's a commercial transaction.and you know the sale of goods is is.governed by the the Uniform Code Section.two so that's often what I'm talking.about but so people say well article you.know article one 308 Steve says a party.that with explicit reservation of Rights.performs or promises performance or a.sense to performance in a manner.demanded or offered by the other party.does not prejudice the rights reserved.by that performance promise or a cent.words such as without prejudice under.protest other like are sufficient period.this is the section that people say if.you know how this works it'll save you.so next time you're asked to sign.something let's suppose a police officer.pulls you over by the side of the road.and says here sign this ticket to.indicate you received a copy I've seen.videos of people saying I will only sign.sign so without prejudice under 1 308.and then they write Bob Johnson without.prejudice you see see 1 308 well the.first thing I went out to you is nowhere.does it say you've got to invoke the UCC.it just says use the words without.prejudice or under protest but the point.is what are you without prejudicing or.what are you under protesting the police.officer says here sign this document to.indicate you received a copy it says to.receipt prove to me you got it so when.you sign it without prejudice or under.protest it's it's nonsensical did you.get it yeah you signed it but number 2.what would that mean because this.not a transaction commerce there's no.rights to be reserved here there's no.there's nothing to be done under protest.okay and I've seen people say that you.should do this like for instance of a.judge in a courtroom hands you a thing.it says here come back on Thursday sign.there to indicate you got a copy people.go I'm gonna sign this under protest.article law 1 - 308 UCC without.prejudice okay but you got the thing.singer to be here on Thursday your be.here on Thursday it's stupid so you.might say Steve if this is so stupid.then why does this exist what does this.actually mean in other words we know.it's not the purpose that those people.are putting into what purpose doesn't.have and it actually is a perfectly good.purpose if you hear me to explain it if.you understand let's suppose I'm a guy.who's buying widgets we talked about.wages before and I find a seller of.widgets in another state and I called.him up and said you have widgets this.yeah we get every wood you could.possibly want I say I need ten thousand.widgets by tomorrow and I need them to.be grade-a widgets grade a and grade a.is a term industry standard that means.of a certain grade and everyone agrees.to this because I've got grade-a widgets.all day long how many need i've only ten.thousand how much are that here's a buck.apiece.i go that's a good price because yep he.goes in fact right now i got a sale on.grade-a widgets I'll ship them to you.you have them tomorrow it'll be sitting.on your front porch tomorrow morning and.if you pay my delivery man on delivery.kind of a check right then and there.I'll give you a 50% discount so you'll.get 10,000 widgets for $5,000 grade-a.widgets and I go here's the thing dude I.need 10,000 widgets cuz I got something.they got to do with them I need grade-a.widgets you know but either way it's got.to be tomorrow tomorrow's the day.because no you're fine you're good.gotcha so next morning I wake up does a.guy at my front door he's offloading.boxes and boxes of widgets stacked a.stack to kingdom come.and he boxes his truck back up he comes.back knocking over the invoice because.there you go pay me and just some about.to pay him I pop open the top box saying.I look and it goes grade B widgets and I.go dude these are grade B widgets and he.goes I don't know what to tell you man.he goes you know I'm just a truck driver.so I'd open up all the boxes and they're.all grade B widgets and I go hey III.word great a great what great a one I.look at look at the invoice the invoice.even says a one and he goes yeah I see.that but that's not my job that's you.know beyond my paygrade.but you know they're offloaded you know.their doors now so here's the thing if I.decide to reject those widgets okay I.can see I don't want them I refuse to.pay for but the problem is I need.widgets today but there's another thing.if I decide to get in a fight with the.guy who shipped them to me and a week.later we agree on a resolution he can.say oh by the way since you didn't pay.on day one the full price is now $1 a.widget you lose $5,000 simply by waiting.past that day so what you could do is.you take out the invoice so the guy says.signed acknowledgement here and you sign.without prejudice or under protest.you pay the $5,000 the guy leaves now.you've got these widgets and if you want.to you can sue the guy who sold them to.you because they're below grade or you.can work something else out but one of.the things that UCC is really trying to.do is its trying to make these.transactions go more smoothly and if you.think about it if I wasn't allowed to.sign with that prejudiced or under.protest what would happen there is I'd.be forced to say no take your widgets.back and if the guy refused I'd have to.drive him back at my own cost and then.sue the guy for breach the original.contract and then sue him for the.consequential damages of driving him.back and of course he's an account or.sue me for breach of contracts I didn't.pay for the widgets and we're gonna wind.up in a court some place arguing over a.huge amount of money when if I'm allowed.to take the widgets and sign without.prejudice or under protest the damages.are much smaller and the courts are.always hoping you can resolve as many of.your disputes as you can before you come.to court and the UCC is designed to try.to do that it's trying to minimize the.damage to both parties okay it works out.better for both of us if I can do that.so I would sign that document but I'm.not gonna say I'm happy with.delivery I'm gonna sign it to indicate.yeah I got him but I'm reserving my.right to complain about the quality.because it's clearly a breach of the.contract and so I could then try to.negotiate with him and if I can't I can.soon for breach of contract he can't.come into court and say hey he signed a.document and say yeah I signed it.without prejudice or under protest are.both under UCC one 308 and that is.exactly what the one 308 is designed to.do I've seen people who claim that you.can sign your tax documents this way.I've seen people claim that you can sign.traffic tickets this way I've seen.people claim that you can sign anything.else this way and the point is that it's.meaningless when you sign other things.this way because like I said the Uniform.Commercial Code is a statute designed to.streamline the process of Commerce the.universe Uniform Commercial Code is.designed to make commercial transactions.goes more smoothly and to permit the.continued expansion of commercial.practices so when you sign a ticket by.the side of the road or you sign a.document court or anything else that.nature you are not reserving anything.when you invoke UCC one 308 and it.certainly does not outlaw any government.agencies it doesn't forbid the feds from.doing anything it doesn't actually do.hardly anything in fact I can't think of.a single time in 27 years where I've.actually seen somebody signed something.that way where it actually made sense.simply because I don't do that kind of.contract law but I'm sure that there are.people who do transactions involving.large quantities of either raw materials.or widgets or things that have that.nature where it's like you know I need I.need 10,000 pounds of aluminum nails you.know and I get 10,000 pounds of some.other kind of nails galvanized steel.instead of you know whatever the point.is that I'm sure that there are some.kinds of transactions involving parts.and suppliers and things well it happens.all the time.but in real life if you're just a person.live in your life you have no need to.ever do that and doing it will.accomplish nothing for you except.possibly make somebody raise your.eyebrows and go what's wrong with you.why did you cite a statute that's got.nothing to do with anything in your life.except that you saw somebody babbling.about it on the Internet.so the UCC one 308 situation for the.most part is just a hoax questions are.comics farm away otherwise talk to it.bye-bye.

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Ucc 1 308 Form FAQs

Here are some frequently asked questions along with their answers to clear up the doubts that you might have.

Need help? Contact support

Why does my lawyer who won a case not want us to sign with the "ucc1-308 explicitly all rights reserved without prejudice"?

Mainly because what you’re trying to do is be a “sovereign citizen”, which is legally nonsensical, and guarantees that (a) you’re going to be in more trouble with the law soon, and (b) strongly implies you’re trying to screw him over by depriving him of fees/etc. because you don’t think you’re governed by the law.

What does it mean when someone signs all rights reserved?

The short answer is: A NARCISSIST IS NEVER TRULY FINISHED WITH YOU They may discard you. But that does not mean they are finished with you. And I am not referring to the vindictive smear campaign that will follow. I mean the hoovering - which WILL HAPPEN. I answer questions from people all the time along the lines of: “Its been 3 years - why is my ex narcissist suddenly sending me Christmas presents” “Its been 18 months - why is my ex narc calling my family and asking how I am?” What you have to remember: ALL DISCARD IT TEMPORARY As soon as the narcissist is short on supply, they will start to hoover Continue Reading

What is a UCC 1 308?

You will have received a summons to appear in court or pay a fine. Just as if you signed it with your name. UCC 1–308 governs commercial agreements, and has nothing at all to do with a traffic ticket under the law.

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