Breeding contract

[loveandrespect]

My relative bought me a kitten from a breeder. She had to sign a breeding contract that said she would fix the persian cat at 6 months. She however bought it for me and I didn't sign a contract. Is this contract still binding even though I own the cat and she was the one who signed?

 

[quincy]

My relative bought me a kitten from a breeder. She had to sign a breeding contract that said she would fix the persian cat at 6 months. She however bought it for me and I didn't sign a contract. Is this contract still binding even though I own the cat and she was the one who signed?

It is binding on your relative, yes.

What is the name of your state?

 

[LdiJ]

My relative bought me a kitten from a breeder. She had to sign a breeding contract that said she would fix the persian cat at 6 months. She however bought it for me and I didn't sign a contract. Is this contract still binding even though I own the cat and she was the one who signed?

That is interesting...at first glance it looks like the breeder is trying to encourage good pet ownership, but what it boils down to is the breeder preventing/limiting any other supply of Persian cats being available.

I am not sure its enforceable.

 

[justalayman]

That is interesting...at first glance it looks like the breeder is trying to encourage good pet ownership, but what it boils down to is the breeder preventing/limiting any other supply of Persian cats being available.

I am not sure its enforceable.

It very well could be a means to limit the exclusivity of a particular bloodline or it could be the animal is inferior in some way and allowing it to breed could continue an undesirable trait. In either case the contract is typical enforceable, but as quincy stated, on the original buyer.

Since the papers (cfa or whatever registry is utilized) are often provided to the buyer or available to the purchase directly from the registry. The no breeding clause of the contract is often the only enforceable means to provide the seller the results intended.

The thing about contract law is a contract is generally enforceable as long as it doesn't involve a contract for something illegal, unconscionable, or against common decency. In situations such as this, the requiement to sterilize the cat is none of the above and as such, typically enforceable. A person is free to not enter into a contract if they don't like the terms.

 

[LdiJ]

It very well could be a means to limit the exclusivity of a particular bloodline or it could be the animal is inferior in some way and allowing it to breed could continue an undesirable trait. In either case the contract is typical enforceable, but as quincy stated, on the original buyer.

Since the papers (cfa or whatever registry is utilized) are often provided to the buyer or available to the purchase directly from the registry. The no breeding clause of the contract is often the only enforceable means to provide the seller the results intended.

The thing about contract law is a contract is generally enforceable as long as it doesn't involve a contract for something illegal, unconscionable, or against common decency. In situations such as this, the requiement to sterilize the cat is none of the above and as such, typically enforceable. A person is free to not enter into a contract if they don't like the terms.

In this instance though, the original buyer is no longer in control as to whether or not the cat can be spayed. So, what is the penalty for the breach? Specific performance is not possible, and how is the seller financially harmed?

 

[quincy]

In this instance though, the original buyer is no longer in control as to whether or not the cat can be spayed. So, what is the penalty for the breach? Specific performance is not possible, and how is the seller financially harmed?

A penalty for the breach can be the reclaiming of the animal. Other remedies can be specific performance or an award of damages (for, say, devaluing the breed).

Some breeders will hold an animal's registration papers until proof is provided by the buyer that the animal has been spayed or neutered. If the buyer does not return in 6 months (or whenever) with this proof, the buyer can be sued for breach of contract and the animal repossessed.

Many breeders will only sell AFTER they have spayed or neutered the animal, to eliminate the problem.

But with any contract, the contract must be read in its entirety. There could be remedies spelled out, for example, that outline what happens should the terms be breached.

The bottom line is that these clauses in breeder contracts are enforceable.

 

[LdiJ]

A penalty for the breach can be the reclaiming of the animal. Other remedies can be specific performance or an award of damages (for, say, devaluing the breed).

Some breeders will hold an animal's registration papers until proof is provided by the buyer that the animal has been spayed or neutered. If the buyer does not return in 6 months (or whenever) with this proof, the buyer can be sued for breach of contract and the animal repossessed.

Many breeders will only sell AFTER they have spayed or neutered the animal, to eliminate the problem.

But with any contract, the contract must be read in its entirety. There could be remedies spelled out, for example, that outline what happens should the terms be breached.

The bottom line is that these clauses in breeder contracts are enforceable.

In this instance however, the animal is no longer in the possession of the person who signed the contract, therefore that person does not have the ability to return the animal. So what then is the penalty? How does one quantify a devaluation of the breed. How many fewer Persian cats will the seller sell because this particular cat was not spayed?

 

[quincy]

In this instance however, the animal is no longer in the possession of the person who signed the contract, therefore that person does not have the ability to return the animal. So what then is the penalty? How does one quantify a devaluation of the breed. How many fewer Persian cats will the seller sell because this particular cat was not spayed?

The buyer is still held to the terms of the contract. Someone who signs a contract cannot expect to escape the terms of the contract by giving the goods away.

If the buyer is sued, I imagine the buyer will either "give up" the name of the one who was gifted the animal (so the animal can be returned or spayed/neutered) or pay whatever damages the seller might have available. What these damages might be, I have no idea. They could be spelled out in the contract.