Reply – Re: Courts are Conservators of the Peace
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Re: Courts are Conservators of the Peace
— by liberated liberated
Boris, I was researching the doctrine of novation and came across a case, Scarf vs. Jardine. Basically confirms the CR(tm) process however at the same time a surrender of interest in a thing also is a novation and becomes a contract upon another's acceptance of such. I think you have stated this and your recent post goes directly at the novation. If one has surrendered ones interest then how can anyone bring a claim against the one who surrendered? Impossible. So in essence if one has done a surrender one need not bother with the CR(tm) process per Scarf v. Jardine as once a party does what they do and have informed appropriate parties there is nothing more for the one to do.

If one has done a surrender and chooses to do the CR(tm) process it is one hell of a way to smack some asses of attorneys as pointed out by taking it to supreme court to Punish "lawyers".  Certainly can be a game changer or see the statutes change or the universal shift kick up a notch.