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Topic Dog Boards / General / HOW BINDING ARE CONTRACTS?
- By DOGS [gb] Date 29.01.03 16:14 UTC
Hi

I was just wandering to all those breeders out there that have wriiten contracts for the pups new homes, once the new owners have signed them if they in any way break the contract eg, rehome the dog with out you knowing when in your contract the dog must come back to you etc etc. Where do you stand on the legal sides of things? Could you really hold up a fight in court for instance? Would you be able to receive any costs if the pup had been shipped abroad and you paid for it to come back................

Thanks

Heidi
- By pamela Reidie [us] Date 30.01.03 12:18 UTC

>>>rehome the dog with out you knowing when in your contract the dog must come back to you <<


You cannot enforce this in a puppy contract unfortunatly. A dog is sold under the Sale of Goods act like a pair of shoes. They are not viewed as a living thing.

This however should not put people off putting these things into the puppy contract as a deterant and if it helps half the puppies then it is time well spent.

Some people are still very ignorant of the law.

Conditions in Puppy contracts are governed by the same legal principles as any contract.

I say sadly.

Pam
- By DOGS [gb] Date 30.01.03 13:47 UTC
Is there any thing in a contract that you can sue for if it is breeched :confused:

Heidi
- By Taylor [ie] Date 30.01.03 14:26 UTC
I have had my Conditions of Adoption checked by a solictitor and was told that they are legally binding.

Taylor
- By pamela Reidie [us] Date 30.01.03 14:43 UTC
Taylor,

Conditions of adoption are different from a puppy purchase contract. So that is irelavant. However in puppy terms when you say you have a condition of adoption ( scratch head) who actually owns the dog then.

The law is very very clear on this if you own the dog. You own the full 100% of the dog and all the rights that go with it.

The only exclusion is where there is a 3 way contract with the KC and endorsments. The endorsements do not however legally stop a dog being bred from just the puppies from a litter being registered. ( As long as the conditions were met)

Taylor it is very clear, Dogs and shoes are bought under the same law of contract.

When your shoes are done the shoe shop cannot make you give them back.

Pam

Pam
- By Taylor [ie] Date 30.01.03 16:36 UTC
Well, Pamela, then I wonder where my solicitor went to University :D.

Taylor
- By pamela Reidie [us] Date 30.01.03 17:11 UTC
Ahhhh maybe that is it...

Most solicitors learn the principles for UNI and the real world in the real world :-) just kidding .

I have a law degree and deal with contracts day in out.

You used the word adoption not sale , an adoption is different so you would have to explain what you mean for me to comment. The poster was not talking about adoptions etc just a normal contract.

This is where us Humans get confused if you asked you solictor to comment on a adoption document for such as rescue then that is what he did , he would not have confused them both.

What I will say what I said about the Puppy sale contract is correct.

Pam
- By Timb [gb] Date 30.01.03 16:41 UTC
Any contract is only as good as the solicitor defending it. There are usually loop holes in most contracts.
- By siber [gb] Date 02.02.03 16:23 UTC
yes there is heidi
- By Jane Ashwell [gb] Date 03.02.03 21:38 UTC
Most unfortunately, the contracts are not worth the paper they are written on. As has been stated, dogs and shoes are sold alike. All my puppies go with a contract, but they are totally impossible to enforce - this is fact because I once tried when a puppy of mine ended up in unsuitable hands against everything in the contract. I had to take out a loan and buy the poor little sod back (they ended up practically naming their price for him). Hes fine now tho!
- By DOGS [gb] Date 05.02.03 19:39 UTC
Jane

I suppose its worth doing the contract if just a handful of people take note and listen,

Glad your pups ok :)
Topic Dog Boards / General / HOW BINDING ARE CONTRACTS?

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