MasonsBeagles wrote:warddog wrote:Actually, a mans word is a legal binding contract and the advertising of a stud service on the internet is merely proof of the contract. What I mean is that when dog is advertised for public stud it is a fee for a service and an implied contract. What the contract implies is that the named stud dog will sire a live litter. A litter also implies more than one live offspring as that is the common perception of dogs, cats, pigs or any other animal that commonly births more than one offspring. Should the stud owner not want those specifications to be binding then they must designate or express what they will guarantee. This is what is commonly called "expressed and or implied." If there is no communication either verbally or in writting from a stud owner, I, as the one paying for the service am entitled too and would expect what the common understnding of your stud dog breeding my female and the result being a live litter as described above which is the implied guarantee. Those putting that in writting or verbally are only reiterating what is expected from those of us paying for the service but have gone a step further and expressed that guarantee. For those that do NOT want to live up to the common expectations or wish to go into even more of a guarantee do so by expressly putting that into a verbal or written contract. This can all be used in a court of law and as federal inspector I work everyday on the legalities of such issues. When folks are providing as sevice there are things that are common and usual results expected from whatever it is that you provide. You cannot charge a customer for something that is not received. What you are advertising is not the actual mating action of the two dogs as that can be accomplished with any male dog that passes by and there would be absolutely no reason for anyone to pay for something that is free but rather you are implying that your dog will produce a litter as a result of that exact dog being bred to the female before him. If someone states that they will honor a rebreeding to that stud or another one in their kennel should this one not produce then they are expressing a guarantee outside of what would be expected. This is why stud dog owners should not get upset when a female owner asked so many questions and then asked what they will guarantee. Folks, more open honest communication would resolve about 99% of the controversy that arises as they do so because of misunderstanding of the terms. My personnal preference would be to have this all put into writting and then there is no room for conflict and if I were doing it that is wxactly how it would be done. Sometimes it isn't about being honest but more about understanding what was actually agreed upon. When you have it in writting and signed by the parties to the contract you eliminate all that. I know stud dog owners have enough hassel with dealing with the public as it stands BUT I would not deal with the public minus a signed contract. I do deer processing and I quanantee you that I have a contract that every customer signs when they leave their deer in my possession. That contract states simply that I will cut, wrap and freeze their harvested deer to the specifications as shown on the contract. It goes further to state that beings I had no part in the harvesting or the field dressing of the animal I will be held harmless for any food borne illness, or bacteria that maybe associated with eating of this animal. I also assure them that the meat they receive back from me will be the exact meat from the animal they left in my possession with the exception of added fat to their ground deer meat should they so request it.
Actually in a court of law. You pay for a breeding and a breeding is what you received, unless the ad states guranteed live pups then there isnt a leg to stand on. Now right is right and wrong is wrong. Stud owner should make it right at least by offering a return breeding. If no pups this time refund the money. But that is the way I interpret a stud fee. A few years ago I was able to breed to a top stud and paid the money. The owner told me that he didnt want to stud him and if he didnt take that was it. I rolled the dice, she didnt take and the stud owner made it right. He didnt have to but he did. We are good friends to this day.
First, I apologize to Danny 8995 for disrupting his post as he merely was looking for an IFC stud in his area and he didn't ask what to expect from that service. I do think this has sparked some good dialog though. If the moderators wish to move our debate from Danny 8995 post, I understand.
Actually, Masonsbeagles has it backwards in that when you advertise something for sale it must meet the expectations of the buyer UNLESS you state otherwise or that there is no guarantee either expressed or implied. This is exactly why BOTH parties should agree with one another of what is to be received. If I were in the business of studding a dog, cat, rabbit, horse or anything I would make sure I had what was to be provided put to paper with the parties signatures upon it. This puts the disputes to an end. Now I know that some like the verbal open ended thing as it gives them some wiggle room in the case of a dispute and if it is he said she said it is hard to prove in a court of law. The facts are what the expectation is of what should be received when a man pays for a stud fee is the axact thing that we would be trying to frame in front of a judge. I'll tell you i would have no problem bringing in so many witnesses, be it from beagle dog owners or anyone that paid a fee for a stud service of any animal to testify that they expected to receive offspring from the mating as this same issue applies to ALL of them be it cow, hog, sheep, buffalo etc. I would expect the judge to not allow ALL my witnessses and have the parties stipulate to the fact of what is expected from the buyer or female owner.
In a court of law what I described will be the case. In business and legal transactions, a warranty or a guarantee is an assurance by one party to the other party that certain facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed. The only way it would NOT is if the stud dog owner stated that there was NO guarantee either expressed or implied. Whenever someone advertises a stud dog they are venturing into a business in which they are providing a service to the customer. Our next question is what does the average customer expect for the stud fee they have paid. Now, I certainly do not expect to merely see my female mounted by the stud dog as the sole purpose of paying for a STUD is for breeding but some say that's exactly what you got. BUT here again, we, the customer have the expectation that the breeding of two dogs will be for the sole purpose of producing offspring and therefore a live litter as humans are the only animals that do such merely for fun. All other animals in nature are serious about it and do so with the intent to procreate. In the breeding of dogs the intent is to raise a litter and a litter is more than one. The stud dog owner is venturing into a business when he advertises a stud dog for a fee. That tells me as the customer he is charging me for the mating his dog will provide with the expectation being, a litter of pups produced from him. If that is NOT the expectation from 100% of you when breeding your dogs to an advertised stud then why go to the time and effort or the expense when any ole dog can do just that. I have copied and pasted some information on warranties and guarantees that shows the verbiage of what an implied warranty is. What we are actually discussing is not one man’s word but a business agreement or contract as a fee has been charged for the expected service. Every day of my job, I deal with the legalities in the Meat and Poultry industry and what the actions I take have to be able to be backed by the word of law.
All I’m trying to tell folks is, that it certainly may be more than what meets the eye as when you step into the court room I will guarantee you they will pick apart every word whether spoken or not in ones testimony.
Main article: Implied warranty
An implied warranty is one that arises from the nature of the transaction, and the inherent understanding by the buyer, rather than from the representations of the seller.
A warranty is violated when the promise is broken; when goods are not as should be expected, at the time the sale occurs, whether or not the defect is apparent. The seller should honor the warranty by making a timely refund or a replacement.
