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Breach of contract

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M

mandolinaboxers

Junior Member
What is the name of your state?What is the name of your state?PA. I am a Boxer breeder and upon the sale of my puppies I go over my contracts with the new owner allowing them to read the contract as I point out specific points that can not be broken in the contract. This weekend I have contacted any previous puppy owners who have not contacted me after inquiring on the health and well being of the puppies who will be turning a year old next month. A puppy I had sold last year was given away without my written permission as stated in the contract but, nor was I notified there was a problem in the household he was to also. This incident occurred in December I spoke to those owners before I left for vacation and they stated everything was fine they recieved my Christmas card and they loved him dearly. I have sent the old owners a letter stating they were in breach of contract that they would have to give me all the new owners information so I may contact them and if the dog was being well taken care of a new contract would be drawn up in their name and they would resume their life, I also stated if this information was not supplied to me the dog was to be returned to my care in five days from the date on the letter(I sent it certified return reciept and kept a copy of the letter) The new owners contacted me stating they did not feel "comfortable" having me goto their house I, stated they could come to mine with the dog his paperwork showing he is up to date with vaccinations and heartworm testing etc... and the dog so I could see for myself that he was doing ok and they refused that also. I have sent out a letter as requested by the old owners that if the new owners showed proof that the dog was being taken care of and I saw the dog I would not take him from them I agreed and that letter will be sent out this morning but the new owners are saying they are not willing to comply. I want to know what legal avenues can I proceed with to have the dog returned to me if the new owners do not wish to comply with the written contract I know the old owners are ultimately responsible because it's their signature on the contract I, would just like to know what to do next.
 


S

shortbus

Member
You have no claim directly against the new owners. They are not obliged to comply with a contract they didn't sign.

As for the old owners, you have no monetary damages.

You can't ask for performance of the contract (return of the dog) since it's been sold.

I would say you have no case.
 
M

mandolinaboxers

Junior Member
breach of contract

Pa. I have no avenues even though the contract clearly states the dog can not be sold or given away without my written consent?
 
Z

Zionist

Member
mandolinaboxers. If you do go to court and the court wants to find out what you want in-return for the breach of contract you should make it clear that all you are asking for is proof that the dog is healthy.

You aren't looking for monetary compensation right?

Can't you get the new owners in trouble for receiving stolen goods? The new owners bought a dog that was sold illegally and in breach of a contract. Can't you make a parallel between that and selling a TV that you can only sell if you participate in some sort of marketing questionnaire within a year of the TV's purchase?
 
I

I AM ALWAYS LIABLE

Senior Member
My response:

How much money do you have to enforce a ridiculously stupid term or condition in a contract?

The dog isn't yours. Get over it. You don't have enough money to enforce a "principle."

If I bought a dog from you, I'd tell you to stay out of my life. If you insisted, due to the contract, I'd have you tied up in court for so long your head would spin.

Still have enough money?

IAAL
 
Z

Zionist

Member
How much money do you have to enforce a ridiculously stupid term or condition in a contract?
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This person may just want to make sure the animals are well cared for. A breeder must ensure that the animals go to a safe home, I guess he took it a step further. Good for him. Not stupid at all.

The dog isn't yours. Get over it. You don't have enough money to enforce a "principle."
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According to the contract that they broke. It is his now, and the new owners are in possession of a dog that isn't theirs.

If I bought a dog from you, I'd tell you to stay out of my life. If you insisted, due to the contract, I'd have you tied up in court for so long your head would spin.
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Well in this case, the dog isn't yours and you didn't buy a dog from him neither. Get over it.

They agreed to the contract didn't they? Obviously they didn't have a problem with the contract when they initially agreed to it by purchasing the dog.

Still have enough money?
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I wasn't aware that the poster's money was an issue.
 
I

I AM ALWAYS LIABLE

Senior Member
Zionist said:
This person may just want to make sure the animals are well cared for.

MY RESPONSE: So what? As a purchaser, I couldn't care less what this breeders "purpose" might be.



A breeder must ensure that the animals go to a safe home, I guess he took it a step further.

MY RESPONSE: Really? Show me a statute or case law that says so. If the "breeder" is so concerned, then the "breeder" can arrange for a "home inspection" before the sale is consummated. It's a bit difficult to do, however, when a sale is made across state lines, or even, hundreds of miles away.



Good for him. Not stupid at all.

MY RESPONSE: Good for him? Have you ever tried court-enforcing a contract? How about 2 or 3? Got money? I don't think they have any to file a breach of contract lawsuit in court. Yes, the contract is stupid IF you can't afford to enforce it. Gee, how much money do you think "Antoinette" and "Israel" have in their "breeder bank account"?




According to the contract that they broke. It is his now, and the new owners are in possession of a dog that isn't theirs.

MY RESPONSE: You are so full of crap. The new owners own that dog. Period.



Well in this case, the dog isn't yours and you didn't buy a dog from him neither. Get over it.

MY RESPONSE: That was a real bright remark.



They agreed to the contract didn't they?

MY RESPONSE: So what? Haven't you ever heard of breach of contract? Also, I really rather doubt a court could, or even would, enforce such a ridiculous condition.



Obviously they didn't have a problem with the contract when they initially agreed to it by purchasing the dog.

MY RESPONSE: Yeah, so what?




I wasn't aware that the poster's money was an issue.

MY RESPONSE: Now you know it is. It takes money to enforce a contract, and from the looks of their home, Antoinette and Israel don't have a pot to piss in.

IAAL
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Z

Zionist

Member
A lot of very sly and ignorant remarks you dolt.

The point is, the people who bought the dog agreed to the contract. There is nothing illegal about the contract. It was created in good-faith and the contract embodied the terms under which the sale was made. They agreed to those terms, and they should be held liable for breaking them Mr. Liable.

Also, I really rather doubt a court could, or even would, enforce such a ridiculous condition.
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When you earn a gavel, make sure to notify the person who started this topic.

"So what? So what?"

breach of contract
n. failing to perform any term of a contract, written or oral, without a legitimate legal excuse.

In response to the thread starter. You have a breach of contract on your hands. Your only issue is finding out if what the contract was based on was illegal. I don't think you can get any money out of this, maybe the dog. You may not be able to enforce something that is illegal, but I don't see anything illegal about this term.

The only illegal thing here would be Mr. Liable being born. Other than that, good luck.
 
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I

I AM ALWAYS LIABLE

Senior Member
Zionist said:
A lot of very sly and ignorant remarks you dolt.

MY RESPONSE: Zionist pig.



The point is, the people who bought the dog agreed to the contract.

MY RESPONSE: Yeah, so what? A contract is only as good as its enforceability, and the willingness of one of the parties to go through the expenditure, idiot!



There is nothing illegal about the contract.

MY RESPONSE: Why don't you learn to read? Who said anything about the contract being illegal?




It was created in good-faith and the contract embodied the terms under which the sale was made.

MY RESPONSE: Gee, really? Have you read the contract?




They agreed to those terms, and they should be held liable for breaking them Mr. Liable.

MY RESPONSE: Perhaps, but do you think Antoinette and Israel have enough money to enforce it? If it were me, however, I'd tie them up in court for years. Got money?

You sound like a typical, New York, idiot. Get some education, and perhaps, you might be able to deal with your own contract problem.


IAAL
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Z

Zionist

Member
Zionist pig? Swine and Zionism don't mix you moronic ape.

I believe I am fully capable of reading. Asking him whether he can pay off such a legal case is far less important than letting him know that there is nothing illegal about what he wanted the other party to do.

No reason to think it wasn't legal so far, that may change, but from his description so far that is what I think.

good faith
n. honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions.

All he wanted was to make sure the dog was in good health. Nothing bad about that. Good job mandolinaboxers.
 
I

I AM ALWAYS LIABLE

Senior Member
Zionist said:
Zionist pig? Swine and Zionism don't mix you moronic ape.

MY RESPONSE: Then I guess you made an exception for yourself, right?



I believe I am fully capable of reading.

MY RESPONSE: Obviously, you're not. It was something about you mentioning that I had said the contract was "illegal", remember?



Asking him whether he can pay off such a legal case is far less important than letting him know that there is nothing illegal about what he wanted the other party to do.

MY RESPONSE: Really? Go ahead, and wave your Web Creation contract around town - - see how far that gets you. And, there you go again - - mentioning the word "illegal"!




No reason to think it wasn't legal so far, that may change, but from his description so far that is what I think.

MY RESPONSE: And, what you "think" is stupid. You need money to enforce a contract.



All he wanted was to make sure the dog was in good health. Nothing bad about that. Good job mandolinaboxers.

MY RESPONSE: I don't care what Antoinette's or Israel's purpose was concerning the dog. Oh, what if the original purchaser moves? What then, Zionist Pig?


IAAL
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Z

Zionist

Member
I think the poster understands that taking a case to court requires funds. I don't see where he says that he assumed it was free.

Listen, I don't have to respond to everything you say. I didn't mention anything about you saying the word illegal. I'm not in this thread to speak with you directly. I'm telling the poster that his contract terms don't seem to be illegal and that would be one of the only reason that his contract wouldn't be enforceable.

I especially like the one with the curly tail. That one must be you, piggy.
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Yeah good one. I like how you have yet to announce your faith and or political beliefs. But that also could be because you have no political affiliation or religion. You weren't ever allowed in clubs as a child and you won't ever be allowed to practice a religion or politics as an adult because no one likes you. God doesn't like you neither.
 
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