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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice
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My dog had some puppies of which my partner and I would keep

Customer Question

My dog had some puppies of which my partner and I would keep one. Unfortunately the one we wanted to keep became poorly which was rushed to the vet and they put her to sleep. There's one puppy left which is being collected today. She has paid for him with cash. Where do I stand if I return the cash and say I want to keep him. We want one of our dogs litters.
Submitted: 2 years ago.
Category: Law
Expert:  Thomas Judge replied 2 years ago.
Strictly speaking I am afraid that if you have entered into a contract for the sale of the dog to this person (which you have from what you have written) then the dog is theres and if you do not give them the dog you will be in breach of contract. They would be able to sue you for the money and any losses which they have sustained. As such the dog is theres. Happy to discuss. Please rate positive.
Expert:  Jo C. replied 2 years ago.
Hi.

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

If you have agreed to sell this puppy then I'm afraid they will have a claim.

Further you cannot resolve it by giving them the money back because they could argue that this puppy is so unique that specific performance could be demanded which would require you to hand the dog over. You could defend that on the basis that they do not yet have any relationship with this particular puppy. Might work. Might not. Generally speaking courts do accept that dogs are unique items of property.

The issue with that latter point will be that you will be liable for costs which would be onerous I'm afraid.

they may agree to accept a refund. They may not sue. People will make threats to sue but rarely do it.

Can I clarify anything for you?

Jo