Subject: ***** REFUNDS
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:
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:
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void, but may be rescinded by the parties, in the manner prescribed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:
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:
570. Menace consists in a threat:
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:
573. Constructive fraud consists:
574. Actual fraud is always a question of fact.
575. Undue influence consists:
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:
578. Mistake of law constitutes a mistake, within the meaning of
this Article, only when it arises from:
-
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.
Further facts
about this criminal empire may be found at
Operation Clambake and FACTNet.
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From: "pscott"
Date: Wed, 26 May 1999 22:58:12 -0700
>
>> 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
1. Free;
2. Mutual; and,
3. Communicated by each to the other.
1. Duress;
2. Menace;
3. Fraud;
4. Undue influence; or,
5. Mistake.
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.
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.
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.
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.
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.
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.
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.
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