KaosTheory,



The excerpt submitted by TheBlackTruth above is by Howard Freeman (you probably knew that). What is confusing is the fact that it is unnecessary and inaccurate. Using UCC-1-207 only makes matters more complicated. Why does someone need commercial law to reserve their common law rights when you can just reserve your common law rights directly? By doing this you will be challenging the jurisdiction of the commercial court right off the bat instead of entering it and reserving your common law rights within its jurisdiction.



Regarding its inaccuracy, the UCC itself is not law. It has not been enacted by the federal legislature (if someone differs, please present the evidence). The UCC is only a private promulgation of 'suggested' commercial law by the ALI (Americal Law Institute) and NCCUSL (National Conference of Commissioners on Uniform State Laws) to be enacted by each individual state legislature, which all 50 have done. So, if Dorthy goes into a court and says, "I reserve my rights under the UCC", guess what - she doesn't have any! But if Dorthy does it by saying, "under the Kansas Commercial Code section 1-207" (or whatever it is there) then you may have something to your overcomplicated argument. But why even bother with all that when you can just reserve your rights with 'All Rights Reserved' for ANY jurisdiction you may be in.



-squirrels