At what point is contract breached?

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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 8 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.


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