Animal Law Attorney For Breach Of Contract, Contract Enforcement, And Buy And Sell Agreements
Breach Of Contract
Failure to follow the terms of a contract might result in a material breach. If there is a material breach of contract, the seller of the animal might seek to rescind or revoke the contract. There could also be questions of notice of breach and opportunity to cure.
With decades of experience in contract law, Barbara Gislason can help you determine if there has been a breach of your contract, and if so, what can be done. She can also help you understand the clauses in your contract so that you can avoid a material breach, too.
Never assume any contract is iron clad, especially because animals in the legal system are often somewhere on a continuum between only property and family members, even legal persons. This shift is reflected nationally in animal cruelty laws, pet trust laws and the inclusion of animals in domestic Orders for Protection.
It is Barbara’s experience that certain types of contracts seem to be more enforceable than others. Contracts with animal breeders regarding breeding rights seem to be strongly favored by the courts. Thus, if you buy an animal from a breeder and agree to neuter or spay the animal, but do not do so in a timely way, the contractual remedy to the breeder is in the realm of commercial interest that courts are more likely to enforce. From a public policy perspective, courts do not relish learning that an animal is in a situation where the companion animal or pet may be subject to animal cruelty. Thus, if the dispute involves a behavior likely to result in harm to the companion animal, it is more probable that a judge will give greater scrutiny to the public policy aspect of the contractual terms. Barbara helps shape arguments and marshals the laws to help you achieve a just result. Give her a call.
Animal Buy And Sell Agreements
Contract terminology involving buy and sell agreements should be legally scrutinized. It is common for those adopting or selling dogs or other pets to have the legal requirement that the pet go to a “forever home.” It may come as a surprise that the individual who has in good faith intended to provide the companion animal or pet with a “forever home” and provided superior daily care may lack the legal right to transfer the ownership of a dog to a responsible family member if that responsible owner becomes incapacitated.
Sometimes, the right and smart thing to do is to modify boilerplate contractual buy and sell obligations to address foreseeable twists and turns in life. It is possible that there may be future opportunities to negotiate and even mediate contractual disputes. With many years of experience in animal law and decades of experience in family law, and as a long-term referee on the Hennepin County Pretrial Mediation Panel, Barbara can help you devise the right successful strategy to get a just result that takes into consideration the best interests of the companion animal.