Quick question.

if a contract is signed by the breeder and owner and no witness is this still legal, As an earlier post implies its not.

The question is, would the owner or breeder denigh that the signature was their's? If they dont then they must have accepted the contract so I dont see there is an argument they could use to get out of it. After all, they could hardly say they had not seen it if they had signed it!

Best wishes, John

Sorry folks but I don't think that any of the contracts that we draw up between breeder/owner would stand up in court.

I don't think tha they can be classed as legal documents unless a solicitor has been involved and I think that legally the pup becomes the 'property 'of the new owner after purchase according to the legal profession.

Having said that I do ask my puppy people to sign contracts because I think it emphasises to them that we feel strongly enough about the future welfare of all our pups- particularly with the need to return them to us if needed. I also try really hard to stay in touch with new puppy people so that I can help wth any problems they may have.

We do endorse pups against exportation or future breeding so that owners have to apply to us to have this lifted. This is the only real way of safeguarding against exploitation but contracts ? - no they're not legal documents !.

Would it not be accepted in law that a piece of paper drawn up and signed in such a way that no additions can have been made, and each and every page has been signed, as the intention of both parties whose signatures are attached. It must show that whatever is written on the paper is understood and read by both parties and if it has not then that is the fault of the person who signed with out the understanding or reading.

If that paper lays down any conditions upon the sale of that puppy and that puppies registered name is on the paper and the courts do not consider the conditions and terms laid down unreasonable, then would it not be upheld. After all we are told that a verbal agreement is valid in law so why not a piece of paper setting out the conditions of sale.

Would be interested to know, have always thought that a simple document that is clear and covers all angles that you wish the other party to be informed about, would be accepted in law providing it could be proven that the other party was aware of those conditions and by signing that person is showing that they are aware.

When I was breeding puppies I did have my contracts drawn up by a barrister versed in coontract law(he happens to be a close friend)

The buyers of the puppy I sold that was not to be shown etc except for working did try to get the contract overturned by first the small claims court(thrown out as not appropriate)& then the civil court again thrown out & costs awarded against them, they then sold the dog however what they did not know was the new owner wss the stud dog owner & they gave her a load of garbage about him being the son of a crufts champion so worth mega bucks etc etc etc but they would let her have him cheap because they couldn't contact the breeder to get his papers

When he was safe in the car with his father his new owners told the old owners  who they were & that we had arranged the purchase to get him away from them !! They didn't argue as the stud dog owner's husband just happened to be there as she was leaving & he turned up in his uniform on the way to the police station !

The puppy had a long & happy life as my friends mother's house pet

On this reasoning if I sign a credit card slip and there is no witness signatory do I still have to pay the bill??

Ooh - nice one Kerioak ....I'm going shopping|!!! :D :D :D

Margo

i'll meet you at harrods !!!!!

I think you are asking the wrong question; what you are probably wanting to know is "is the contract enforceable" which is, to be pedantic, a tad different.

Unlike criminal law, civil law is much less "cut and dried" and to cut a long story short, the answer is probably, eventually and after a great deal of expenditure eg thousands of pounds.  By which time, like the newspaper battles over cats, gardens and hedges, the argument becomes more important than the original issue!

I'm doing contract law at uni, technically if you sign it then its legal but there are all sorts of things.... it probably wouldnt be legal until the money and dog exchanged hands... Then there are all sorts of terms which can be deemed to be unfair and make a contract void.

The best thing is to get a solicitor to draw one up for you, better if you have any friends who can do it (probably cheaper) because then you can use the contract as many times as you want, if you said to potential owners that they are then signing a legally binding contract you probably could make it stand up in court.
Even then it would no doubt depend on the judge on the day.

Contracts have to be fair to both parties for them to be valid.

Witness signatures are no longer required but are always a bonus when proving things.

Puppies are sold under the Sale of Goods Act , and the word sold is what it is so certain things we put in the contracts would and can be ignored. As a deterant I would always still put them in. 

Things like the Endorsements , if they are explained clearly and carried out as per the guidelines of the KC this part of the contract should be upheld.

It is all about fairness.

I feel it is also a declaration of intent - ie You say in touch with me and let me know how things are going on and if you have a problem I will try and help - type of thing

a contract even very well worded in court can be dismisted . on the basis they feel the terms and conditions are not fair or asking for too much .
I recently went to court with a company i used to work for even though the company got there customer to sign that simply if any problems should arise they get in touch with the company direct , they dident and the contract was taken to court the signature was said to be nit picking , but the company did win on the basis that they called round for payment and were sent away with no excuse to why no cheque was given. ive seen this all too much with my job now ,fortunatly we have ctv at work so anything signed is recorded :)