Split up with BF, who now wants shared custody of our dog, which is mine, but CKC registration is in both our names. He scared me with a lawyer and I have been sharing custody with him and there is a draft agreement being written up, but hasn't been signed. Is this unsigned agreement binding? Can I keep the dog and wait for him to take me to court? He doesn't take care of the dog properly and just wants her out of spite towards me and frankly, I can no longer nurse my dog back to health every other week from what he's done to her.
2007-11-27 06:21:58 · 3 answers · asked by saucy_senorita2003 2 in Politics & Government ➔ Law & Ethics
A verbal contract is binding, yes.
The problem is proving that it exists, unless you have a witness to it. An unsigned written contract is, if anything, worse than a verbal contract because the fact that it "isn't" signed tends to suggest to a court that there was no meeting of the minds and the contract terms were not fully agreed to.
Richard
2007-11-27 06:24:51 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
A Verbal contract is Binding, except in most U.S. States, in which you do not live.
2016-03-15 01:13:37 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Richard is correct but if you argue that the dog is worth more than $500 then maybe you could get it to fall within the statute of frauds which would require it to be in writing and signed. I'm not sure if dogs are considered "goods" though. They are in tort law but not sure about contract law.
I just researched that because i was curious and pets are considered "goods" so argue that the market value of your dog is worth more than $500 (or whatever the required amount is in your jurisdiction) and you are in the clear.
This is American law though.
2007-11-27 06:45:18 · answer #3 · answered by Eisbär 7 · 0⤊ 0⤋