Who can legally bind an Organisation?

As you set out on your endeavours to be proficient in the execution of contracts, or in other words, everyday life, there are foundational aspects of law, or contracts (maxim of law: the contract IS the law) that should be understood. To reach an agreement on the private side (eg under common law or private international commercial law) the correct opposite party must be engaged directly. Dealing with counter staff on a private setoff isn’t going to go very far and nor can such roles within an organisation legally bind the organisation to an agreement.

It will be the job of the Chief Executive Officer (CEO) and Chief Financial Officer (CFO) who can legally bind an organisation. The private administrative process needs to be directed to one of these roles and not the store manager or even legal counsel as they cannot legally bind the organisation.

This is not to say that you cannot interact with the lower level officers and clerks etc, there is a need for due process and whilst an issue may start at the lower levels (eg a court clerk refuses your right to inspect the original charging instrument as an accommodation party), you will need to engage an authority in the organisation to resolve the issue eg a supervisor. This is in fact a requirement as you need a second witness.

Again, treat all your encounters with respect whilst gaining your agreement on the private side.

When you’re finding the opposite party sniggering and laughing at you because you’re the Accommodation party in MR BOB JONES, then it is at this point these folks know they are dealing with someone of authority and their only shield is to try to throw off your game. Stick to your plan, and stay the course as the authority who resolves matters.

There are many YouTube videos showing engagement with Police Officers, and they do a magnificent job at throwing people into a dizzy by asking lots of questions, trying to have the opposite party create argument, become frustrated and ultimately slip up. This is their job. It’s a test, and it works nearly every time. An authority resolves matters: “Forgive me officer, how can I resolve this matter now?”. If they won’t forgive you even though you’re being so polite and acknowledge the problem, then you can resolve any issue administratively if you want to – with the CFO on the private side if it’s worthy of your time.

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