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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47353
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a cat from a breeder friend and signed a contract

Resolved Question:

I bought a cat from a breeder friend and signed a contract to say that I would not sell boys from this cat for breeding several years ago. the other week I sold a boy from this cat for breeding. Another breeder came to my house and saw this boy and wanted it, as I had too may boys anyway I sold the boy to her not thinking of the contract.
Now the breeder who originally sold the cat says she is going to sue me thousands and thousands. I explained that I am nearly sixty seven years old and don't have that kind of money - she then told me to sell my cats!!! I am distraught over this and I asked her what she wants to make amends. This lady has now sent me a message saying that she wants the cat transferred over to her immediately and she wants the pick of the best kitten she has (the cat has two kittens) and she also wants the £700.00 that I sold the boy for breeding. She also said she will collect the cat (Damson) when the kittens are 9 weeks old. This is far too early to take the mother from the kittens as they need to be with her for 13 weeks. I am also worried that if I transfer the mother over immediately she may come and claim the cat early. Do I have any rights?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

Customer:

Not sure really, I suppose maybe other people who want the lines will go to her but it doesn't always work that way.

Customer:

Sorry Ben, I didn't realise that you were back?

Ben Jones :

Hi, just finalising my response

Customer:

do need any more info Ben?

Ben Jones :

no thanks

Ben Jones :

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.

Customer:

Thank you so much Ben that is very helpful. xx

Ben Jones :

You are welcome

Customer:

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

Ben Jones :

unless these losses can be justified then it will be a penalty clause and would be illegal

Customer:

Sorry Ben I don't understand

Ben Jones :

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

Customer:

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.

Ben Jones :

she cannot force you to return the cat so don't worry about that

Customer:

Thank you xx

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