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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5172
Experience:  Owner at James Bruce Solicitors
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My friend found someone online to look after his dog while

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Hi. My friend found someone online to look after his dog while he is abroad because of corona. They agreed on £1260 per month, but because of coronavirus things didn’t go well for him and he couldn’t pay her. The girl who is looking after his dog is not giving the dog back to him although he offered to pay her £1000 as that’s all he has at the moment. She is refusing to give the dog back until she gets full payment. My friend didn’t have the intention for a legally binding contract as he did not sign anything. Can I have some advice please? He wants his dog back
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: He offered to pay her £1000 but she is refusing to take the payment and she is saying she won’t give the dog back until he pays her in full
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello I may assist.

You say that your friend agreed to pay £1260 a month in exchange for the person to look after his dog. The other person agreed and took the dog to look after.

You say My friend didn’t have the intention for a legally binding contract as he did not sign anything.

Unfortunately, that assumption is not correct. The contract does not need to be in writing. As long as there was a verbal agreement, that is more than enough to create a contract.

Any court would look at any action taken. In this case there is clearly an offer of payment £1260 month, the other person accepted that in exchange to look after the dog. Both parties were capable of creating a contract ie mental capacity and of legal age, and clearly there was an intention to create a contract. If there was not, the dog would not have been handed over to be looked after.

Therefore, your friend is legally bound to fulfill the terms as agreed and pay the debt.

There is no Force majeure because there is no written clause.

They could look at the term “Frustrated Contract.” However, this would fail, because the contract was made in the face of the covid19 outbreak.

Customer: replied 1 year ago.
Thanks for your reply. My friend is offering to pay £1000 now and get his dog back, but the girl is refusing to give the dog. Can you advise me on this please?

She is entitled to until debt is settled. He can take matter to court an attempt return, but he did enter into a legal agreeemnt.

Customer: replied 1 year ago.
what if he doesn’t pay her at all?

Then she can sue for the money and for breach of contract.

Just checking back, can I assist further.

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