dogs

[duckhunter39]

we gave a family member one of our puppies with the verbal agreement that about every 4 to 6 weeks we could pick-up the puppy and babysit for a couple of nights and if they ever decided to get rid of the puppy they were to bring the puppy back to us, if they did not abide by these rules we would get the puppy back, now this person will not let us babysit the puppy. what and how can we do?????

 

[I AM ALWAYS LIABLE]

My response:

While verbal (oral) agreements are enforceable, the problem for you is proving that one existed; i.e., that this was a "conditional gift". Without credible evidence in the form of witness testimony, this matter would turn out to be a "he said / she said" situation. Since you would be the Plaintiff in such lawsuit, it would be your burden to "tip the scales" in your favor. If you can't, you will lose.

To make matters worse, a Small Claims court does not have jurisdiction to compel "Specific Performance". Let's assume that you are able to prove the oral agreement. The Small Claims judge does not have the authority to compel the defendant to allow you to see the dog. A Small Claims judge can only award money damages. Since there was no money exchanged, the best the judge could do is find that there was a breach of the agreement, and make a determination (based upon your proof) that the dog had a certain "value" (based upon "pet quality" or "breeding quality" or other qualitative attributes of the dog) and, perhaps, award you the value of the dog.

Good luck to you.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-08-2001 at 02:04 PM]

 

[duckhunter39]

ok, thanks for the advice. we had 4 puppies and gave them all to family members and we have had problems on two and you've answered on now can you help me on the other? the other puppy was given to my brother because he had given us the father of this puppy so we thought it will be right to return the favor. the problem is that he recently got married and when i give him the dog of course his wife was there and i ask her to be sure the puppy was taken care of and she agreed on that and the other agreement on us babysitting, but now they have had problems and looking at a divorce and she's taken the puppy and says it belongs to her and won't give the puppy back to me or my brother. what can i do on this problem. also on both cases we do have plenty of witness's that have heard to many times from my husband about the contract he calls it when he give the puppies up.. thanks again and i hope you can help me on this dog napping.....