For Educational Purposes only. Always seek licensed legal counsel.
We all enter into contractual agreements every day without even knowing it. In our opposition to NAIS it is important for us to understand the Contractual Agreement tool.
Contractual agreements are of ancient origin. There are two types of contractual agreements: Express or Implied. Contractual agreements can be either verbal or written. Contrary to common thought, verbal contracts are binding and enforceable. An oral agreement is binding subject to some statutory requirements including the understanding of what is involved in the contract. Both parties must intend to enter into a contractual agreement.
Express Contractual Agreement
An express agreement is a contract entered into between two or more parties. The terms and the conditions of the contract are expressly stated and agreed upon, by the involved parties. Oftentimes, the money is exchanged for a product or service.
Implied Contractual Agreement
â€¢ This type of agreement is called implied because the parties do not make a definitive agreement beforehand as to the duties each is to perform.
â€¢ No discussion is involved
â€¢ There is an assumption by both parties that a reasonable exchange of goods and services.
â€¢ There is a reasonable expectation of some type of performance.
â€¢ There is intent and mutual agreement
â€¢ Surrendering or giving up something one legally possesses
Capacity of the individual is taken into account in contractual agreements. If a person is mentally challenged contracts are not usually binding. If a contract is made while a person is inebriated these contracts are binding. Agreements with minors should not be made with the exception of health or survival. The age one can enter into a contractual agreement varies from 21 down to 19 years of age. Check your state statutes. A minor may make any contract he signed as a minor null and void when he becomes of age.
Consideration is an important part of a contractual agreement. Consideration is the surrendering of each party to the terms of the contract. Each party has agreed to surrender or give something up that he or she legally possess or is entitled to possess.
A person may be responsible even without their authorization. Animal owners may be obligated to pay for services that they have benefited from or received some services.
One must be given sufficient information about an agreement to allow them to make a rational decision whether they should enter into the contract or refrain from doing so. Informed consent in farming terms means the farmers understands what the problem is, what can be done about the problem, risks and dangers associated with the problem and any financial costs involved. If one proceeds with the idea, â€œDonâ€™t tell me the facts just do itâ€ attitude then the contract is binding. It is incumbent upon individuals to become educated on the issue, terms and conditions of the contract.
There are times that an implied consent contractual agreement is put into effect. If you have not requested or unnecessary with an implied contractual agreement put into effect there may be liability issue for the initiator, except in the case of health and safety.
Termination of a Contract
A contractual agreement may be terminated when both parties have fulfilled their obligation, which they were required to perform. Contracts may also be terminated by mutual consent. Contracts also terminate upon the death of one of the parties in the contract.
Breach of Contract
A failure to perform any or part of the terms and conditions of the contract may make void the contract. In a partial breach, the contract may continue to operate. The injured party may seek damages.
NAIS is the perfect example of an Implied Contractual Agreement. The Agriculture Department either state or federal decides the terms and conditions. While they have set forth general terms and conditions of the NAIS contract they have failed to provide all inclusive particular details for this implied contractual agreement. They allow the implied contract agreement to be implemented in a â€œDraftâ€ form where the public never sees the whole scope of the agreement. Government Agriculture Departments are conducting listening sessions for the general public but no real discussion with all the interested parties affected by this contractual agreement are involved in the decision making or policy setting process. Americans have not been allowed access to all the documents utilized in the development and implementation of the NAIS, therefore, we have no way to rational make a decision on the NAIS. Americans have not been given the risks and dangers this program poses nor have they been given the financial analysis. The government assumes that the public will cooperate with the NAIS and in return, they will provide health, safety and security for the public. The problem is that the Agriculture Department(s) cannot deliver this service. The Agriculture Departments have an delusional expectation that Americans will compromise and tarnish their state and federal Constitutional rights for an illusion of safety and security. The American public takes a stand against the â€˜buy inâ€™. Americans refuse to surrender our legal possession of traditional farming and their Constitutional rights laid down by their founding fathers. Informed citizens are saying â€˜No to NAISâ€™ and demand the contractual agreement be broken to restore safe, quality food to the American people once again. Preserve for our posterity the true American dream of life, liberty, and the pursuit of happiness.
From the trenches,