Full question:
I placed an ad on an internet site asking anyone having a dog that needs a loving home contact us. We were contacted by a person who was looking for a place for her dog. A few days later, we met at a groomer to see him. He was exactly what we'd been hoping for. They had brought all of the dog's belongings and we took him home when the groomer was done. I gave her $160 in cash to allow her kids to get a new pet. They wanted the dog to have a better home and freedom to run. She had mentioned she had been taking the dog to classes to become a service dog, but not to worry she'd take care of all of that and that the dog was ours. The first thing we did was get him licensed and have an ID chip put in. Neither had been done as far as I could see. We've had the dog since before Thanksgiving. I don't know what had gone on between the previous owner and the trainer, but I received a call from the trainer threatening to take us to court if we didn't sign a new contract and complete the dogs training for a service dog. We had intended to finish his training, but at a location and classes that agreed with our schedules. I don't see where we owe the former owner's trainer anything, or that they have any right to the dog. We've had him four months now. Why now? I hope I've given you the information you need to advise me.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Oregon
Answer:
The answer will depend on whether you made an agreement to assume or guarantee the training contract. Generally, a person who is not a party to a contract needs a relationship to the debtor, such as assuming liability by assignment or guaranty, to be bound to pay the debt of another.
Contracts are legally enforceable agreements between two parties that create obligations. An oral contract, made with spoken words, can be enforced like a written agreement, but proving its existence or terms is more challenging. Oral contracts usually have shorter time limits for enforcement compared to written contracts.
Contracts are governed by state law, which includes statutory and common law. Breaching a contract occurs when one party fails to fulfill their obligations, causing measurable harm to the other party. Legal actions for breach of contract are civil actions, and remedies aim to place the injured party in the position they would have been in had the breach not occurred. Remedies include money damages, restitution, rescission, reformation, and specific performance.
Money damages compensate for financial losses caused by the breach. Restitution aims to restore the injured party to their position before the contract. Rescission ends the contractual duties of both parties, while reformation allows courts to correct contract inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
Promissory estoppel may apply if one party relied on the promise of another, even without an enforceable contract. This doctrine can enforce a promise if it induced reasonable reliance that resulted in harm, and enforcing it prevents injustice.
In your case, unless you agreed to take on the training contract, you likely do not owe the trainer anything. It’s important to review any agreements made regarding the dog’s training and consult with a legal professional for specific guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.