I.   Introductory Provisions

Delinquency is the deliberate and willful failure of one who occupies an Office, or holds a Commission to perform their prescribed duties and obligations without lawful excuse. Thus Delinquency is not only a Default of some solemn agreement, but a deliberate act of maldadministration and the repudiation and revocation of the powers and authority of such Office and Commission.

The word Default comes from two Latin words being de meaning “concerning; out of” and fallo meaning “deceive, cheat, escape notice of”.

By definition, a Default requires the proof of the following particulars:

(i) A certifiable copy of the written form of agreement or terms and conditions of acceptance which the alleged offending Party was provided or shown prior to executing the alleged agreement; and

(ii) Clearly identified clauses within the alleged agreement that stipulate the conditions of Default and the Penalties that may be imposed in the event of such Default; and

(iii) Attested proof of the consent of the alleged offender to the alleged agreement and therefore, the claimed conditions of Default and Penalties that may be imposed in the event of such Default; and

(iv) Attested proof and evidence of one or more alleged Breaches of the alleged agreement by the alleged offender; and

(v) Attested proof and evidence that the alleged offender was given notice of one or more alleged Breaches of the alleged agreement and a fair and reasonable time to cure and remedy; and

(vi) Attested proof and evidence that the alleged offender was given second notice that they had failed to cure and remedy the alleged Breach and if no final cure and remedy given would then be in Default.

A Breach is not the same as Default, but an element leading to Default when the Party in question willfully and deliberately fails to cure and remedy a Breach.

The claim or allegation of Default can never be levied against an implied contract or tacit (presumed) agreement. Any such claims are an absurdity and therefore injury to the law.