What to do if someone breaches your puppy contract

What is a breach of contract?

A breach of contract occurs when one of the contracting parties fails to uphold the contract or fulfill their contractual obligations. 

A breach may consist of:

• Failure to perform a service 
• Failure to deliver a product (sometimes by a certain date) 
• Failure to pay for services rendered

The two main types of a contract breach are:

1. Minor 
2. Material

A minor breach occurs when a party substantially performs or meets the obligations of the contract, but does not meet a minor condition. The breach does not significantly affect the contract’s terms. It is insignificant enough that the rest of the contract can be completed in a generally satisfactory manner. A minor breach of contract is also referred to as a partial breach or immaterial breach.  

• Example: A breeder expects payment on the 15th of the month and the buyer provides payment on the 20th of the month. 

A material breach occurs when the breach is so substantial that it impairs the contract as a whole. It renders the purpose of the agreement completely defeated and excuses the non-breaching party from performing its obligations under the contract. This type of breach can be in the form of breaching obligations laid out by the contract or failure to meet a laid out timeframe or deadline. A material breach of contract is also referred to as a complete breach.

• Example: A buyer purchases one breed and receives a completely different breed.

How Can I Avoid a Breach of Contract?

Upon creating your contract, consider the following guidelines to avoid a breach of contract.

• Using clear language and precise terminology will ensure all parties are aware of and understand the contract terms.
• Set up realistic expectations for all parties involved. All parties should consider what is expected of them under the contract terms.
• All laws are followed when writing the contract. The contract cannot include anything illegal for any of the parties involved.
• Research the person(s) you are contracting with to see if they have ever been in a breach of contract lawsuit in the past.
• Remember that no one party can unilaterally change the terms of a contract. If you need to revise or amend the contract, make sure you communicate with the other party and document any such changes.

What Should I Do if a Contract is Breached?

Step 1: Talk directly with the other party. If you feel there has been a breach of contract by either yourself or the other party, the first thing you should do is try to talk directly to the other party. Sometimes a contract breach can be worked out easily amongst the parties, or perhaps one party is not even aware they have breached the contract.

Step 2: If unable to resolve directly, consider mediation. If talking directly to the other party is unsuccessful, a good next step may be to pursue mediation as an alternative dispute resolution. Mediation allows two parties to come to an agreement with the help of a third party, without involving  a formal lawsuit or judgment from a legal proceeding.                         

Step 3: Legal action as a last resort. If talking directly to the party and mediation does not work, it may be time to pursue legal action. It's important to keep in mind that formal litigation is the most timely and expensive of the above options, so it probably should be used only after exhausting the other options.

What Are Some Remedies to a Breach of Contract?

Although there are many forms of remedies for a breach of contract, the two most applicable for breeders are damages and specific performance. 

Damages come in many forms, but the most common for breach of contract are compensatory damages. These damages are typically payments intended to make the damaged party whole after losses they have incurred as a result of the breach.

Specific performance is another form of remedy where the court orders the breaching party to complete their part of the agreement. This form of remedy is not used frequently. 

If you or another party breach your breeding contract, you may want to contact a lawyer for legal advice.  A lawyer can review your contract and help you determine what type of breach you are experiencing and guidance on how to proceed.

Disclaimer: This resource is provided for general information purposes only, and shall not be construed as legal advice on any subject matter. Any advice we provide does not create an attorney-client relationship. We are not acting as your lawyer and are not barred to practice in your state. We would recommend connecting with a lawyer in your state if you are able. Legal advice is dependent upon the specific circumstances of each situation and the law may vary from state to state. Some information in this resource center may not be correct for your state or for your specific circumstances. This resource was prepared only in accordance with U.S. law and does not reflect the laws of any other country. Good Dog expressly disclaims all liability in respect of actions taken or not taken based on any or all of the contents in this resource center.