Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. If you did sell a boy for breeding how would that have affected the original seller?
Not sure really, I suppose maybe other people who want the lines will go to her but it doesn't always work that way.
Sorry Ben, I didn't realise that you were back?
Hi, just finalising my response
do need any more info Ben?
Well from a legal point of view her demands appear very unreasonable and unlikely that she can get what she is asking for now if she was to take the matter to court. If there was a contract that prohibited you from selling a boy from the litter for breeding but you did so, then the other party can only pursue you for any actual damages incurred as a result of this. She cannot penalise you in any way or demand the return of that or any other cat. Breach of contract claims only serve to place the person making them in the position they would have been had the breach not occurred and this is mostly dealt with by compensation for the losses that have been incurred. These could include any lot fees as a result of you selling the cat but quantifying these may not be that easy as there is no guarantee that they would have gone to her so it will depend on how she can justify her losses.
Thank you so much Ben that is very helpful. xx
You are welcome
I just want to mention Ben that she says in her contract that if I break the contract I have to give her £2000.00
unless these losses can be justified then it will be a penalty clause and would be illegal
Sorry Ben I don't understand
well if she has a clause that says you must pay her £2000 in the event of a breach, unless she can show that she has suffered that amount of damages/losses, it would be a penalty clause which are illegal and unenforceable
Ah! Thank you sooo much Ben, I have been really worried about this and didn't want to sell all of my cats and I don't want to give her Damson back.
she cannot force you to return the cat so don't worry about that
Thank you xx