At what point is contract breached?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
At what point is contract breached?
A dog sale contract says the buyer must breed the female with a stud of the breeder’s choice. Failure to comply means a payment, fees. Owner’s daughter brings dog to breeder’s for breeding and is told to sign stud contract. Contract sign line says owner, nothing about rep and no paperwork shows daughter as rep. Stud contract is to ship semen kit overnight to owner, but procedure is done at breeder’s house via art. insemination (female’s hips were a worry for natural breeding). Are both contracts valid?, breached? Owner’s wife signed stud contract. Did they breach first? Us? Same time?
Asked on August 12, 2012 under Business Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there was no actual breeding between the two animals and the procedure was done through artifical insemination, then there was a breach of the contract on that ground. If the person that signed for the owner of the dog had no power of attorney or authorization to sign, then the contract is invalid on that ground.
From what you have written, there is no valid contract to be in breach since one person who signed the contract may not have been authorized to do so. I suggest that you consult further with an attorney who has experince in animal breeding contracts.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.