I gave him away with a caveat....... Whose dog is it?

R

roseofsharon

New member
Hi Anglewar,
Gentlemen agreements rarely work out. That is why breeders have contracts that are signed by both parties describing all the conditions of the purchase/adoption. What you are dealing with is your word against his....

Yet you did not say if he refused to give him back to you. But, since you described that it was a heated argument, I can only think he said no.

In a perfect world, yes he should return the dog to you as agreed since it obviously has not worked out for him. Is it worth suing about? This is a co-worker. I assume you like your job, or at least like having a job. This could turn really ugly.

I would ask him, since he obviously is not interested in keeping the dog any longer, why is he preferring to give him to a co - worker or an ex over returning him to you. Ask him why he feels either of these homes are good homes for this pooch who has been through a lot already in his young age. Make him assured you have nothing but this lil guy's good interest in mind. That you feel a responsibility in this. Once you are assured one of or both of these homes are appropriate forever homes for this guy, you will feel you can let go. That was the point, right? To find that perfect home for this great lil guy?

My 2 cents,
Rose
 
Hi Anglewar,
Gentlemen agreements rarely work out. That is why breeders have contracts that are signed by both parties describing all the conditions of the purchase/adoption. What you are dealing with is your word against his....

Yet you did not say if he refused to give him back to you. But, since you described that it was a heated argument, I can only think he said no.

In a perfect world, yes he should return the dog to you as agreed since it obviously has not worked out for him. Is it worth suing about? This is a co-worker. I assume you like your job, or at least like having a job. This could turn really ugly.

I would ask him, since he obviously is not interested in keeping the dog any longer, why is he preferring to give him to a co - worker or an ex over returning him to you. Ask him why he feels either of these homes are good homes for this pooch who has been through a lot already in his young age. Make him assured you have nothing but this lil guy's good interest in mind. That you feel a responsibility in this. Once you are assured one of or both of these homes are appropriate forever homes for this guy, you will feel you can let go. That was the point, right? To find that perfect home for this great lil guy?

My 2 cents,
Rose
 
Whose dog is it?

My boyfriend’s coworker found a stray dog in Orange County and took him in to try to find him a good home. Unfortunately after two weeks with no success the co workers landlord gave him an ultimatum and he was forced to give the dog up. My boyfriends volunteered to take the dog as we are both dog lovers and were confident we could find the dog a home in the San Fernando Valley!!!

I received the dog on Saturday and fell in love with him between then and Monday when I went to work. Although I wanted to keep the dog I felt that two dogs was too much of a burden at the time.

At work on Monday my co worker said he would take the dog. I repeatedly told him if anything does not work out with the dog let me know and I will take the dog back. He agreed.

Here we are 3 weeks latter and I have found out that after the snip snip scheduled for 08/02/11 my co worker is going to give/sell the dog to a coworker or give it to an X girlfriend.

I AM OUTRAGED and to prevent getting loud at work had to stop the conversation. I didn’t realize how much I liked the little guy until this happened, I didn’t think I would cry over this but I am!!!!

So my question is this. Who’s dog is it?

Should I look at it like: I gave the dog away and have no right to be concerned with it’s future or what his new owner decides.

Or should I look at it like this: the co worker only received the dog because he agreed that he would give the dog back it there were any problems or issues, so I should get the dog back.

And if you believe I should get the dog back what recourse do I have. Should I sue him?
 
dont sue him over the dog!
What I think is whoever gave away the dog cant just take it back and whoever found it first had first dibs but if they gave it away they cant have it back ethier!
whoever had it at the end gets it!
You guys are adults fighting over a dog!
just find another dog - there is a billion more out there!
 
First, understand that a contract does not have to be in writing to be enforceable, unless it involves real property rights (real estate), which this one does not. So, if it is in fact a "contract," you most definately can prevail in a lawsuit.

But, since it won't be a written "contract," you'll be relying on testimony alone, so your co-worker will have to admit to essentially the same facts as you have described here, otherwise you have no evidence of the terms of your agreement.

In order to have a valid enforceable contract, you need three things:
1. Offer
2. Acceptance
3. Consideration

You have #1 and #2, and your caveat, let's call it "first right of refusal" would certainly be enforceable in any jurisdiction in the land.

"Consideration" is the missing piece of the puzzle. You gave him a dog -- what did he give you in return?

If got nothing in return, then you have no contract, and he's just an asshole but not an enforceable asshole.
 
Let's see:
The dog was originally a stray.
You were in possession of the dog for 3 days.
You gave the dog away.
The new "owner" found the dog a new home.

You don't have a leg to stand on with this one. Suing would be idiotic.
And just out of curiosity, was there ANY effort to find if he had an actual owner prior to this?
 
Let's see:
The dog was originally a stray.
You were in possession of the dog for 3 days.
You gave the dog away.
The new "owner" found the dog a new home.

You don't have a leg to stand on with this one. Suing would be idiotic.
And just out of curiosity, was there ANY effort to find if he had an actual owner prior to this?
 
I missed the part about the owner trying to be located with this dog.

No legal ownership was ever established if certain steps were not followed.

Had you "fallen in love" with the dog you really would not have made the decision that a second dog
was too much work or time.

Dogs are personal property, the moment you relinquished your control of it (remember the old saying posession is 9/10ths of the law) you gave up any rights. You have nothing in writing
so there is not even any proof that there was any other agreement other then them taking the dogs off your hands. Also, by you saying that "if things do not work out" is a term that is too ambiguous for the law. They can retort by saying things worked out fine and that it was always their intention to give the dog to someone else when they took it.

Had you cared about the dog you would have written up a contract, you would have done a home check and you would have throroughly interviewd and screened your co-worker and found out what his intentions were. Instead the dog was passed off like a hot potatoe from person to person in a period of several weeks.

Should you sue him? Anyone can sue for anything, but the judge will laugh you right out of court.

You should not get the dog back. Hopefully this poor dog will find some stability in his life, though with the circumstances given I seriously doubt it.

The best you can do at this point is take your co-worker to lunch, express your desires and concerns and see if they would consider letting you have the dog back- OR at the very least you talk to the person getting the dog and make sure they know that IF they decide to get rid of the dog for any reason you want it back.

Last but not least if you are really wanting a second dog now I can tell you that the rescues in the San Fernando Valley are full and would happily place dogs in carefully screened homes. You can pick a breed rescue and purchase a dog from them-providing you pass the tests.
 
The dog was never yours in the first place. You only had it long enough to find a new home for it.
Once the co worker had the dog in her/his home it belonged to them, was not yours.
You gave the dog away with out a contract and you can not say what is to happen to it.
You can't sue for something that never was yours in the first place.
 
First, understand that a contract does not have to be in writing to be enforceable, unless it involves real property rights (real estate), which this one does not. So, if it is in fact a "contract," you most definately can prevail in a lawsuit.

But, since it won't be a written "contract," you'll be relying on testimony alone, so your co-worker will have to admit to essentially the same facts as you have described here, otherwise you have no evidence of the terms of your agreement.

In order to have a valid enforceable contract, you need three things:
1. Offer
2. Acceptance
3. Consideration

You have #1 and #2, and your caveat, let's call it "first right of refusal" would certainly be enforceable in any jurisdiction in the land.

"Consideration" is the missing piece of the puzzle. You gave him a dog -- what did he give you in return?

If got nothing in return, then you have no contract, and he's just an asshole but not an enforceable asshole.
 
I missed the part about the owner trying to be located with this dog.

No legal ownership was ever established if certain steps were not followed.

Had you "fallen in love" with the dog you really would not have made the decision that a second dog
was too much work or time.

Dogs are personal property, the moment you relinquished your control of it (remember the old saying posession is 9/10ths of the law) you gave up any rights. You have nothing in writing
so there is not even any proof that there was any other agreement other then them taking the dogs off your hands. Also, by you saying that "if things do not work out" is a term that is too ambiguous for the law. They can retort by saying things worked out fine and that it was always their intention to give the dog to someone else when they took it.

Had you cared about the dog you would have written up a contract, you would have done a home check and you would have throroughly interviewd and screened your co-worker and found out what his intentions were. Instead the dog was passed off like a hot potatoe from person to person in a period of several weeks.

Should you sue him? Anyone can sue for anything, but the judge will laugh you right out of court.

You should not get the dog back. Hopefully this poor dog will find some stability in his life, though with the circumstances given I seriously doubt it.

The best you can do at this point is take your co-worker to lunch, express your desires and concerns and see if they would consider letting you have the dog back- OR at the very least you talk to the person getting the dog and make sure they know that IF they decide to get rid of the dog for any reason you want it back.

Last but not least if you are really wanting a second dog now I can tell you that the rescues in the San Fernando Valley are full and would happily place dogs in carefully screened homes. You can pick a breed rescue and purchase a dog from them-providing you pass the tests.
 
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