Ask a Law Question, Get an Answer ASAP!
Are you a commercial breeder?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How many litters have you had in the past year?
And the year before that?
it is very easy to be considered a commercial breeder and that triggers different duties.
Ok. Proceeding on the basis that you are not a commercial breeder you are not bound by the CRA and so they cannot argue that this puppy was not fit for purpose.
They could drop down upon the general law of contract and argue that anything sold contains an implied term that it would be of a satisfactory quality. That is always hard to quantify with lifestock but if a puppy dies within the first year of an ailment that isn't something like an accident then realistically they would get over that hurdle.
If they can argue that CRA does apply then they can rely on fitness for use and clear this puppy would sadly fail.
Even if the puppy had been healthy when you sold him there was clearly a condition I'm afraid.
Can I clarify anything for you?
You would be liable for a refund but not vet’s bills if you were a commercial seller.
If you were a private seller and they can convince a Judge that the implicit term applies then you would be liable for both.
If this is a contagious disease though then you could put them to proof over who the puppy came into contact. If it is something like kennel cough or parvo then probably that will be attributed to you. If it is something else and they didn’t complete the vaccination course, for instance, then probably not.
You could make a payment offer. They might accept that.
Is it parvo?
How long did they have the puppy?
You would be entitled to prove that it was parvo.
The problem here is that there are arguments on both sides. It is quite unlikely that he would be the only puppy in a litter with parvo but then equally they did only have this dog for a very short period of time.
It doesn't matter whether he will symptomatic when he left. The issue is whether he had the condition.
If he had parvo when he died then probably he did.
If that isn't what the vet's report said then that is different.