My OperaThe dog breeder wanted the right to use my puppy for breeding
Friday, March 13, 2009 4:54:43 PM
The dog breeder wanted the right to use my puppy for breeding
I am planning to buy a puppy and found a really beautiful male puppy at a dog breeder in a different part of the country. The breeder and I e-mailed back and forth, and talked on the phone several times too. We agreed that I would buy that puppy for 1500 US-dollars. However, I wanted to see the puppy first, so I travelled to that part of the country. I booked the cheapest possible airline tickets for 200 dollars and a very cheap hotel room for 100 dollar. I liked this male puppy very much, and we agreed that I would come back and get it two or three weeks later, and then write the contract after the vet test.
Well, I called back two weeks later to arrange the delivery of my puppy. Now all of a sudden the seller says she will include in the contract that she has the right to use my dog, whenever she pleases, to get one litter of puppies, free of charge. I could not accept this, because I wanted a decent dog to hug, not a dog fucking around like that.
Now I wonder if I can claim the 300 dollars I paid for tickets and hotel.
Answer: It is reasonable to assume that the seller not telling you her intentions before the time of delivery is approaching, must be regarded as negligence, and this entitles you to have her pay for your costs. The old roman word for negligence is culpa, and the Romans would call a case like this culpa in contrahendo - negligence during the negotiation and formation of a contract.
I am planning to buy a puppy and found a really beautiful male puppy at a dog breeder in a different part of the country. The breeder and I e-mailed back and forth, and talked on the phone several times too. We agreed that I would buy that puppy for 1500 US-dollars. However, I wanted to see the puppy first, so I travelled to that part of the country. I booked the cheapest possible airline tickets for 200 dollars and a very cheap hotel room for 100 dollar. I liked this male puppy very much, and we agreed that I would come back and get it two or three weeks later, and then write the contract after the vet test.
Well, I called back two weeks later to arrange the delivery of my puppy. Now all of a sudden the seller says she will include in the contract that she has the right to use my dog, whenever she pleases, to get one litter of puppies, free of charge. I could not accept this, because I wanted a decent dog to hug, not a dog fucking around like that.
Now I wonder if I can claim the 300 dollars I paid for tickets and hotel.
Answer: It is reasonable to assume that the seller not telling you her intentions before the time of delivery is approaching, must be regarded as negligence, and this entitles you to have her pay for your costs. The old roman word for negligence is culpa, and the Romans would call a case like this culpa in contrahendo - negligence during the negotiation and formation of a contract.
