Subject: ***** REFUNDS
From: "pscott"
Date: Wed, 26 May 1999 22:58:12 -0700

One might find that his complaints with the cult, re donations etc. when presented to the various states attorney generals, accompanied by this post, attached below, might prove effective in getting a refund of fraudulently obtained donations from the cult.

Set the appointment first, then fax a summary to OSA legal in Clearwater florida..... keep the appointment with the AG, if the response from OSA legal is not satisfactory within say 5 days.

It *IS* an effective strategy....no further comment.

Best Regards, Phil Scott

Kristi Wachter wrote in message ... > Peaches raised an interesting point in another thread:
>
>> This is where I feel called upon to wonder if "choosing" something which
>> has been misrepresented to one, is "choosing" at all. My experience of
>> life is that once the misrepresentation has been discovered, that is
>> where choice enters into the matter.
>> Cheers!
>> Peach

According to California law (I LOVE the Internet!), consent is not consent when obtained through duress, menace, fraud, undue influence, or mistake. > I post this not because Peach was asking a question about the law, but rather to show that society has collectively stated that the choices we make, and our responsibility for them, are affected by things like undue influence and fraud.

565. The consent of the parties to a contract must be:
1. Free;
2. Mutual; and,
3. Communicated by each to the other.

566. A consent which is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by the Chapter on Rescission.

567. An apparent consent is not real or free when obtained through:
1. Duress;
2. Menace;
3. Fraud;
4. Undue influence; or,
5. Mistake.

568. Consent is deemed to have been obtained through one of the auses mentioned in the last section only when it would not have been iven had such cause not existed.

569. Duress consists in:
1. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;
2. Unlawful detention of the property of any such person; or,
3. Confinement of such person, lawful in form, but fraudulently btained, or fraudulently made unjustly harrassing or oppressive.

570. Menace consists in a threat:
1. Of such duress as is specified in Subdivisions 1 and 3 of the last section;
2. Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or,
3. Of injury to the character of any such person.

571. Fraud is either actual or constructive.

572. Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3. The suppression of that which is true, by one having knowledge or belief of the fact;
4. A promise made without any intention of performing it; or,
5. Any other act fitted to deceive.

573. Constructive fraud consists:
1. In any breach of duty which, without an actually fraudulent intent, gains an advantage to the person in fault, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; or,
2. In any such act or omission as the law specially declares to be fraudulent, without respect to actual fraud.

574. Actual fraud is always a question of fact.

575. Undue influence consists:
1. In the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advantage over him;
2. In taking an unfair advantage of another's weakness of mind; or,
3. In taking a grossly oppressive and unfair advantage of another' inecessities or distress.

576. Mistake may be either of fact or law.

577. Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in:
1. An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or,
2. Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a hhing, which has not existed.

578. Mistake of law constitutes a mistake, within the meaning of this Article, only when it arises from:
1. A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or,
2. A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

- Kristi Wachter The activist formerly known as "Jour" (before $cientology outed me)

I think $cientology is hurting people and breaking the law, and I want them to stop it. See http://www.scientology-lies.com for more.

Can you say "Xenu?" ... I knew that you could.

Click here for some additional truth about the Scientology crime syndicate: XENU.NET

Further facts about this criminal empire may be found at Operation Clambake and FACTNet.