Full question:
A veternarian was to spay my dog with my signed permission, however did not perform the spay, contacting me instead to allow them to perform other preliminary, expensive tests. I insisted on the spay without further testing. They refused and billed me close to $200 (more than the dog is worth) anyway. What is my recourse?
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Ohio
Answer:
Your options depend on the contract terms with the veterinarian and the nature of the charges. Review the contract carefully to understand your rights and the veterinarian's obligations.
In general, a breach of contract occurs when one party fails to fulfill their contractual duties, resulting in damages to the other party. If you believe the veterinarian breached the contract by not performing the spay, you may consider legal action for breach of contract. Remedies could include:
- Money damages: Compensation for financial losses caused by the breach.
- Restitution: Returning you to the position you were in before the contract.
- Rescission: Terminating the contract duties of both parties.
- Specific performance: Compelling the veterinarian to perform the spay if money damages are insufficient.
Additionally, if you relied on the veterinarian's promise to perform the spay, you might have a claim under promissory estoppel if your reliance was reasonable and caused you harm.
Consider consulting with a legal professional to explore your options based on your specific circumstances.
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.