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#1
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Enforcing contracts
I work with a rescue group that has a contract signed by all
adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans |
#2
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Your best bet would be to contact a lawyer. If he says the contract is
valid, and you can prove that the animals that eventually made their way back to you after the adopter signed the contract is the animal that was adopted (does your group micro chip the animals?), you would probably have a case - but action - small claims court? -- The ONE and ONLY lefthanded-pathetic-paranoid-psychotic-sarcastic-wiseass-ditzy former-blonde in Bloomington! (And proud of it, too)© email me at nalee1964 (at) insightbb (dot) com http://community.webshots.com/user/mgcmdjeep "Richard Evans" wrote in message ... I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans |
#3
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Your best bet would be to contact a lawyer. If he says the contract is
valid, and you can prove that the animals that eventually made their way back to you after the adopter signed the contract is the animal that was adopted (does your group micro chip the animals?), you would probably have a case - but action - small claims court? -- The ONE and ONLY lefthanded-pathetic-paranoid-psychotic-sarcastic-wiseass-ditzy former-blonde in Bloomington! (And proud of it, too)© email me at nalee1964 (at) insightbb (dot) com http://community.webshots.com/user/mgcmdjeep "Richard Evans" wrote in message ... I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans |
#4
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On Sat, 21 Aug 2004 20:53:40 GMT, Richard Evans
wrote: I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans Is there a penalty clause in your contract? I'm not a lawyer, but if there is not one, I would be shocked if you can do anything. If you do have one, bill them for the amount that is in this clause. If they respond and appologyze, I would let them go with a stern warning. If they don't respond, I would go to small claims court to get their attention. You need to do this so people realize that a contract is legally binding. If they think it is not, you WILL get some doing things that you object to. This may include giving the animal to someone for research purposes or mistreating it. You probably do a lot of work with the animals and with an adoption. The contract is a way to make sure that effort is not wasted. How much respect should you have for a person who violates an agreement that is in writing? |
#5
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On Sat, 21 Aug 2004 20:53:40 GMT, Richard Evans
wrote: I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans Is there a penalty clause in your contract? I'm not a lawyer, but if there is not one, I would be shocked if you can do anything. If you do have one, bill them for the amount that is in this clause. If they respond and appologyze, I would let them go with a stern warning. If they don't respond, I would go to small claims court to get their attention. You need to do this so people realize that a contract is legally binding. If they think it is not, you WILL get some doing things that you object to. This may include giving the animal to someone for research purposes or mistreating it. You probably do a lot of work with the animals and with an adoption. The contract is a way to make sure that effort is not wasted. How much respect should you have for a person who violates an agreement that is in writing? |
#6
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Richard Evans wrote in message . ..
I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans This is a very interesting policy to protect the animal. Does it matter how much time has passed since the animal was adopted out and then returned? I ask b/c I notice this one cat at my local shelter keeps getting adopted and returned. Also, does the cat have to stay in the state or can the adopter move to another part of the country with the cat? (this would apply to my situation). |
#7
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Richard Evans wrote in message . ..
I work with a rescue group that has a contract signed by all adopters. One clause states that if the animal is disposed of for any reason it *must* come back to our group. We've had several instances recently of people simply giving away animals they've adopted from us. In three cases. the animals found their way back to us via third parties. We would like to take action against the adopters who violated their contracts. Is such a thing feasible? Dick Evans This is a very interesting policy to protect the animal. Does it matter how much time has passed since the animal was adopted out and then returned? I ask b/c I notice this one cat at my local shelter keeps getting adopted and returned. Also, does the cat have to stay in the state or can the adopter move to another part of the country with the cat? (this would apply to my situation). |
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#10
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