How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I have an eight month old pedigree cocker spaniel puppy. I

Customer Question

I have an eight month old pedigree cocker spaniel puppy. I signed a contract when I collected my puppy but to be really honest I didn't read it all properly. I knew she was "kennel club endorsed" meaning I could not register any pups from her however one of the clauses says I cannot breed from her at all and if I do breach this contract the breeder can demand her back! To put this contact in detail it also requires me to walk her for a certain period a day and make provision for her food etc if I'm away for more than 8 hours - it's ridiculous! This was however signed by me (I'm a donut) but this was it witnessed or signed by the breeder is it legally binding as obviously she is owned by me? I do not plan to breed from her until she is at least 18 months old but asked the breeder today if she would lift the endorsement but she is now threatening me
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is legally binding if you have signed it. The fact that you didn't read it is no defence.
It might be possible to strike down some of the terms as void under UCTA or for uncertainty. Some of the things that seem to be included would be imposed by the Animal Welfare Act anyway.
In terms of non breeding, certainly rescues do often have that term in their contract and that is enforceable. Breeders are in a weaker position as they are breeders by definition.
Further, the reality is that she won't demand her back because she won't want her back at that time. By that time she will be worth far less to a breeder than she was as a puppy.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I've added pictures of the contract! So to clarify it is enforceable that I can not breed from her? The enforcements I understand but the fact that she is my property and I am not allowed to breed her even if they in fact aren't pedigree. I have explained to the breeder it is only for us to have a pup and my parents have one also :( not that it would've been for 10 months at least anyway it just seems ridiculous.
Customer: replied 1 year ago.
The only way I thought I had a leg to stand on is that it wasn't signed by her or witnessed
Expert:  Jo C. replied 1 year ago.
It doesn't need to be witnessed.
Since it only binds you it doesn't really even need to be signed by her.
A paper contract is only evidence of what is agreed.
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi jo :)Does this legislation make any difference to the situation pleaseRegulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 states:Unfair Terms5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Expert:  Jo C. replied 1 year ago.
Yes, that is the legislation I mentioned above?
Customer: replied 1 year ago.
Right so how do I break this contract in advance of breeding her in about 10 months or more?
Expert:  Jo C. replied 1 year ago.
Well, it is as I've said above.
It might be possible to strike down some of the terms as void under UCTA or for uncertainty. Some of the things that seem to be included would be imposed by the Animal Welfare Act anyway.
In terms of non breeding, certainly rescues do often have that term in their contract and that is enforceable. Breeders are in a weaker position as they are breeders by definition.