What would happen if a breeder died having stated in writing that she would remove an endorsement if the dog grew into a fitting specimen in her opinion? Assuming there was no partner, for instance, whose opinion might the KC accept? Does anyone add anything to their contract to cover such an eventuality?

Well unfortunatly in this type of circumstance unless there was some valid reason why the KC felt it fair not to lift the endosements I think they would have to lifted it.

The KC as we all know are a law into themselves but as there is no person to oppose the endorsement being lifted I cannot see any legal reason why it would not.

Pam.

PS the only time I think the KC would resist lifting it is when the original agreement was that the pups endosement would and could not ever been lifted for example a health reason..some abnormal defect or gene that would make the dog 100% unsuitable for breedind right form being a puppy.

Pam

I suppose we can only speculate without asking them but I would have said the KC would have gone for the status quo and left the endorsement in situ. I'm not sure that legal reasons for lifting it would come into it as I don't think there is anything legal about the endorsements in the first place, just a private club thing but I could be wrong.

An interesting question - you could always ring the KC and ask them. I think the KC are a law unto themselves and that "legalities" would have little bearing on the result. I have often wondered what would happen if you had a bitch mated and were not given the stud form at the time which often happens in my breed, and then the dog owner died before the bitch whelped.

I have put a clause in my puppy contract stating that the endorsements exist, and if I should die, my executors have the authority to lift them providing certain conditions are met.

Jo and the Casblaidd Flatcoats

Jo that is the best way I think also.

Pam

WL ,

Again if this was not sorted out amicably it would be a legal matter but the fact the dogs were mated and the stud dog owner must have agreed the presumption is it would be fine. Desicions are made on the balance of probability.

So if the bitch had been mated to the dog and there was a witness to this then the stud dog owner "Probably" agreed to the mating. Problem solved.

Pam :-)

There is most definatly a legal thing in the endosements a contract of any sort is a legal agreement and when one or both can't meet their part within the agreement and if it cannot be sorted out amicably with for example the KC then it becomes a matter that may need to be addressed with legal action.

Pam

My understanding is puppy contracts are not recognised in law and even if they were they are not between the breeder and the KC. The KC is a private club and can, I believe, refuse to register any litter they choose not to. I think Jo's course of action is the best one to take although in my case my executors would not know a good Cocker Spaniel from a Staffordshire Pot Spaniel :D so I think when ever I come to breed again I would nominate another breeder or perhaps the breed club to decide. As it happens I look much more likely to be a purchaser rather than a breeder next and the lady I would hope to purchase from is getting on in years (and I am not even ready to go on her list yet :)) so my problem now is how to tactfully suggest, if I do purchase from her, that something along those lines is added to the contract if she does endorse :)
I would also like to think that if the removal was going to be dependant on an opinion on the dog that the KC would not just remove it simply because the breeder had died, I don't think anyone endorsing their pups would want that to happen.