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Ask Buachaill Your Own Question

Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10188
Experience:  Barrister 17 years experience
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Hi,This a rather strange question but I was wondering could

Customer Question

This a rather strange question but I was wondering could you give me some advice?
My mothers 2 dogs ran away on Sunday night and came back the following day and 15 sheep were killed that night and and the owner has blamed her dogs, she is very upset and accepted responsibility straight away and agreed to pay for the sheep and have her 2 dogs put down. the farmer has said his sheep were worth €3,500 and said he would accept €1,500. She had her 2 dogs put down this morning and the vet that performed it said that he does not think her dogs had anything to do with the killing as they were completely clean and had no cuts, scratches or injuries. Also the farmer has let slip that one dog had a chain attached which hers would not have and neighbours of his have said there were 3 dogs seen in the field. However it's done now but the farmer has now changed the number of sheep from 15 to over 20 and tomorrow my mother is giving him €1,500 and I'm wondering is there a contract I should right up for him to sign to prevent him from coming back asking for more money?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What evidence does this person have to say it's her dogs?
Customer: replied 3 years ago.

He has no actual evidence in my opinion, he says he saw 2 dogs which fitted their description, that's all basically....since then, he let slip that one dog had a chain attached which hers did not!

Expert:  Jo C. replied 3 years ago.

Are you in the UK?
Customer: replied 3 years ago.

No I'm in the Republic of Ireland

Expert:  Jo C. replied 3 years ago.
I'll move this to the Republic of Ireland category for you.
Customer: replied 3 years ago.

Thank you

Expert:  Buachaill replied 3 years ago.
1. Essentially, what you need to get the farmer to do is to sign a receipt acknowledging receipt of the money and acknowledging that these monies were received in "full and final settlement of all claims arising for [the farmer] from any damage which may have been caused in whole or in part by the dogs belonging to [your mother]". Get the farmer to sign it in front of you and get your mother to sign it. Then witness it yourself so that you can swear that you saw both parties sign it. There is no need for any detailed document as essentially, your mother has accepted liability in full. It would be different if liability was in issue or if there was some other issue arising. However, given what the vet has said, I would query whether any money should be paid or not. Remember that if the case goes to court, the vet can give evidence on behalf of your mother to the effect that the dogs did not cause the damage alleged.
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