Interesting point (Martys blog).
Jim Logan | February 4, 2012 at 11:29 pm | Reply
There is a case, 490 US 680, Hernandez vs Commisioner, wherein Dave argued the “doctrine of exchange”.
For the Florida instant case, Dave is estopped from denying that a central tenet of Scientology is “exchange” and the repayment request before the Court is for something NOT exchanged, i.e., undelivered services.
The Court doesn’t have to become “excessively entangled” into interpretation of church policy on refunds/repayments. All it has to do is cite the above case.
Funny thing this “estoppel”. While DM can contradict himself moment to moment as he runs amok at Int (and no amount of word-clearing of his PT orders only can make sense of what this dipshit spouts in contradiction to himself minute to minute), he CANNOT remove from the Court record what he’s said.
Bert and Lynne have every right to their money. Their “donation” for undelivered services withheld by the FSO is a violation of the “doctrine of exchange” which DM argued to the Supreme Court of the United States.
QUOTE OF THE WEEK: "I wasn't aware that a documentary was coming out but I'll be sure to not watch it." A Scientologist
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490 US 680, Hernandez vs Commisioner is here:
I won't paste it here, but it is relatively easy to understand.
Word clear "substantive duress" and "procedural duress". I'm sure Jeffrey has word cleared those. Just like he seemed to word clear estoppel.
I'm pretty sure that Marty was in the court room for the substantive bit and the video was all about the procedural bit. In fact, all the shit about being in the Hole, beatings, broken fingers, etc., was all about procedural duress.
Or, in plain English, the judge wasn't allowing testimony of this shit because Perez Hilton was after it. And this is EXACTLY why all of us should want to see more of these contracts challenged.
As you were, folks.....
It's a good point that some of the posters here have not got their wits around.
Time will tell how these contracts work out for the cult, I was kinda thinking they'd be like swimming with an anvil in the end.
Kevin Bloody Mackey
The Story of my Bridge to OT VII
"I'm not angry anymore, as more and more people rediscover their true selves through Scientology, together we WILL achieve a world without war, crime, and insanity." Rex Fowler, OTVII, before shooting his ex-partner three times in the head and then himself.
The contracts are a BLUFF.
From Blacks Law Dictionary:
Fraud: An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing or to surrender a legal right; a false representation of a matter of fact, whether by words ot conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal inquiry; anything calculated to deceive, whether by a single act or combination, or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth, or look or gesture; fraud comprises all acts, omissions, and concealments involving a branch of legal or equitable duty and resulting in damage to another.
But that is actually the beauty of the situation, imo. This is such a hard presumption to overcome that you need to air a ton of dirty laundry in order to prevail.
" Insist on yourself ; never imitate ".
Ralph Waldo Emerson
" Nothing is as at last scared but the integrity of your own mind "
Ralph Waldo Emerson