English: Detail of Preamble to Constitution of... |
http://veneratedivineyou.wordpress.com/2013/07/09/honoring-a-contract/Honoring a Contract
Everything is contract.
Business models derive from contracts.
Contracts do not have to be written, they can be verbal, or implied, If you want to know the basic elements of a contract, look it up online or in a law-book or business journal. For example, hiring a babysitter for Friday night (offer), he/she agrees (accept) and shows up to babysit (performance) then gets paid when you get home (compensation). Get it? It is a bit oversimplified for a complex topic.
Have you ever gone into business with a friend or family? That is discussed later.
I’ve heard the U.S. constitution is a form of contract, and in looking it over appears as a unilateral contract as I do not see the King’s signature on it agreeing to the terms and conditions. In fact, I don’t see my signature on it or my neighbor’s, or local legislator, governor, or even the current president. All I see is a handful of gents long deceased putting forth a declaration, which isn’t even properly notarized. Is it any wonder that courts don’t allow constitutional arguments any longer?
Why, even the country’s Supreme Court skates on thin ice with the concept. They even make ‘supreme’ decisions on an alleged contract that is now unenforceable. Is this true?
Think about that.
It might be time to throw all the decisions out made in the past two hundred years, at least since 1813 and start over.
U.S. Supreme Court building. |
Contracts
Contracts abound everywhere. Some are honorable and many are not, like the embattled and controversial mortgage contracts, loans, credit card applications allegedly called a contract but most of these commercial ‘alleged’ contracts do not have all involved parties’ signature or even all the components. Is it a legal document or agreement as such?
It must be because the ‘system’ says it is under the ‘color of law’ for the most part. It is enforceable because the system has tools set up to enforce them, whether they are valid or null and void on their face, or unfair, or fraudulent. Pass a law to make it so. How many laws are now on the books for just this purpose?
This post is not about that, it is intended to talk about personal agreements.
Back to family and friends, have you ever gone into contract with a friend or family? Did it work or did it go sour? Did you have a legitimate enforceable contract? Did you need one if it was on a friendly handshake?
Even if there was a signed contract and one party did not honor its terms, what does one do about enforcement? Additionally how has the relationship evolved between the parties? Did they work it out in a just and honorable manner or were there fisticuffs, spats, and court proceedings?
I think of Judge Judy‘s show at this point, a comical entertainment version of small claims court and of course lets not forget divorce court.
What it all boils down to is human behavior, from the supreme court down to the personal handshake.
Whether a person reneges on the terms between peers, colleagues, family, friends, or a bank the question arises: what were the intentions of the parties at the start?
Simply put, look at a few terms that tells the story. Start with Merriam-Webster. 1. Honor: a showing of usually merited respect. 2. Integrity: firm adherence to a code of especially moral values : incorruptibility 3. intention: a determination to act in a certain way.
All of this speaks for itself and it applies to all involved parties in a contract, however, with the global turmoil in economics, politics, social upheaval, human rights, the list is too long to count; you get the picture that a solution comes down to the personal self. It has to.
Humanity has to stop looking to an outside ‘authority’ to make it better, to make it right. Each and every person is the authority for himself/herself. No one else is.
What are we, are you, am I willing to mitigate within myself/yourself to create a world of honorable people? Who will step up to the plate with intention at the start to show integrity, incorruptibility, unimpeachable action with each other? This is plural and singular at the same time. We are all One.
I reflect on an agreement I have with a person that I considered a friend. I trusted him implicitly. He gave me no reason not to trust. He always demonstrated honorable behavior. We have a signed contract.
Now I am asking, in that agreement did I give my power over to someone who never intended to honor it or for some reason is not able? Perhaps I created a reality where cause and effect has come around to bite me from some long forgotten, distant action. Another consideration is a soul contract from another life to be fulfilled in this one.
It is a question we can all be asking with something in our lives in one way or another. Every one has flaws. Let he who is without cast the first stone.
I can only speak for myself yet I throw it out to readers, that in taking responsibility for my actions, I go deep inside to consider that one possibility whether I remember the act or not. To mitigate it is to derive forgiveness and I let go. It all resolves in the end. At least when I stand before my God I can look back and absolutely love the life I light up and live.
Time to walk the talk, walk the walk, and love it all.
Happy contracting. Do it wisely.
Thanks for stopping by.
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