Volume 1: A sound on Wall Street, Xinxiang City is busy copying books Chapter 106 Three Plus One
The subtitle of this chapter is: The way to climax, a scientific lesson in each picture (chapter).
The only people left outside the crowd were Yuan Yanshu, Louis Baker, John McCall and Miss Helen Brown.
Of course, the three foreigners looked at Master Yuan with a strange look in their eyes. Mr. Baker and Miss Brown were full of worry, while Mr. McCall naturally looked gloating.
He suddenly sighed and said, "Mr. Yuan, you don't have to make things like this just because you are angry with me. Look at how you end up now..."
"End?" Yuan Yan smiled and interrupted him, "Mr. McCall, I remember you said you got a New York State lawyer's license?"
"Paris from Manhattan" was stunned when he heard this, then nodded and said, "Yes, I'm from NYU Law School, and I came to Stern for further studies. Why are you still concerned about this at this time?"
"clatter!"
Our Master Yuan snapped his fingers and said, "That's right, start writing the contract."
The three foreigners were shocked by this at the same time. They were dumbfounded and said in unison: "Contract?"
Yuan Yanshu said as a matter of course: "Yes , you... Miss Brown is fine. You two are still students of Stern College, how come you don't know that gambling also has to abide by the basic... well, the law."
In fact, gambling actually has a special term in law, called a speculative contract.
Shooting luck contract, also known as chance contract, is a contract in which the performance of one party's obligations depends on the occurrence of a fortuitous event.
The most common speculative contracts are various insurance policies signed by insurers and insurance companies. In fact, both parties are gambling against each other.
Of course, generally speaking, the insured hopes that something will not happen, but cannot be sure that it will not happen. For the sake of "insurance", he will take out a small amount of money and give it to the insurance company. When something really happens, he can get a large sum of money from the latter to compensate for the losses caused to him after the thing happens.
Futures are actually a hedging tool just like insurance. Buyers and sellers sign speculative contracts to avoid losses caused by future price fluctuations.
Not only financial derivatives such as insurance and futures fall into this category, but also various gambling activities are also considered speculative contracts.
Some people say that when I play Mahjong or Landlord with my friends, or go to the casino, I don’t need to sign any documents. How can this be called a speculative contract?
In fact, the prerequisite for your participation in such activities is to make a verbal commitment or acquiesce to the rules of these activities.
You don't necessarily agree to play Taiwanese Mahjong, but when someone else wins, you say, "Oh, why do you only have sixteen cards? Isn't this a big husband?"
You don't always play blackjack in a casino and say to the dealer after the cards are dealt, "My cards are clearly twenty-two, how could I lose to you who played twenty-one?"
From a legal perspective, as long as it does not conflict with local laws, as a natural person with full civil capacity, the moment he or she clearly realizes and fully voluntarily participates in gambling, the natural person has committed to an oral contract, which some countries call a "speculative commitment", and all civil legal consequences arising from it shall be borne by the natural person.
In short, there are three elements in a speculative contract: first, the parties to the contract. Second, the subject matter of the contract. Third, the true intention of the parties to the contract to establish the contract. As long as these three elements are met, let alone betting on the difference in electoral votes in the US election, even tossing a coin to guess the heads or tails means that this legal relationship is established.
So, of course gambling requires a contract.
John McCall hesitated. Why was this Chinese so confident? Did he have inside information?
He immediately dismissed the idea. It was impossible!
This is a national election, who can manipulate it? Even if someone can manipulate the presidential election, it is enough to win, why do they have to win so much? Well, even if they win so much, how did this Chinese know it?
The key is that the election is not over yet!
This guy must be sick, and quite ill.
However, he turned his head inadvertently and saw Miss Brown glaring at him angrily, and jealousy flared up in his heart.
Mr. McCall gritted his teeth and said, "Okay, I'll write you a contract right away!"
Gambling requires not only contracts but also...
Yuan Yan slapped her head and said, "Oh, by the way, we still need to find a notary!"
Louis Baker suddenly said, "Well, Neo. I am the notary."
As a country with a common law system, the US government does not have a notary office, nor does it have civil servants with such functions. Most notaries in the United States are independent individuals, and most of them are only part-time.
It is even easier to be a notary in the United States. In states with stricter regulations, such as Washington State, you need to obtain permission from the state senator to apply to be a notary.
However, in other states, such as New York where Master Yuan and his team are located, even the permission of the state senator is not needed. Anyone who is over 18 years old, a local resident, and an American citizen who can read and write English, does not need any training or examination. All they need to do is fill out an application form and pay a $3 handling fee to get a seal that symbolizes "power" and a four-year appointment letter.
In some states, once one obtains the qualifications of a lawyer or law enforcement officer, one automatically becomes a notary public. They can perform the duties of a notary public by simply registering with the city government.
In short, anyone in the United States can be a notary.
So what is the use of a notary public in the United States? In fact, the use is very small. They can only prove that the signature on the legal document is the client's handwritten signature. In other words, they are only responsible for the client 's signature, but not the content of the document.
If there is any legal responsibility for the contents of the document, the signatory should be consulted. But if someone doubts the authenticity of the signature, the notary public should be consulted.
However, in the United States, notaries are indispensable. Many legal documents are not signed by notaries, and will be considered invalid in court unless there is extremely strong evidence. And these strong evidences do not include handwriting identification, because the signatory has many reasons to argue that he did not know the content of the document when signing.
Yuan Yan was overjoyed and said happily, "Oh, that's a coincidence. By the way, how do you charge?"
"What's the charge?" said Mr. Baker. "It's only fifty cents."
It’s really quite cheap.
"Okay. Lawyer, notary, that's it. Hmm..." He nodded, turned to Miss Brown and said, "Helen, you can be my clerk ."
The black-haired beauty said hesitantly: "Clerk? But..."
Yuan Yan suddenly pulled out her wallet, took out the fifty-dollar check and said, "Don't worry ! Here, this is your employment fee. Please check the contract for me, register my name and record the amount."
Completely confused, Miss Brown took the check blankly and nodded stupidly.
Our Master Yuan thought confidently, with these three people helping me, why should I worry about not making big news?
Well, if I include myself, there will be exactly four people, three men and one woman. This is not a good sign...
