NSW Is De-sexing Contract Valid Under Contract Law?

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Daryl Ryan

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21 November 2016
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I am looking to purchase a "Groodle" ( cross between a retriever and poodle). The seller insists that I sign a "De-sexing Contract " which says I must have the dog de-sexed within a certain time period) about 4 months). Are these contacts binding under contract law?
 

Rod

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27 May 2014
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Seems reasonable to me. Seller is trying to protect their business of selling Groodles.

If you don't like the terms, don't buy the puppy. Buying the puppy and failing to desex opens you up to be sued for future profits.
 

Daryl Ryan

Member
21 November 2016
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Seems reasonable to me. Seller is trying to protect their business of selling Groodles.

If you don't like the terms, don't buy the puppy. Buying the puppy and failing to desex opens you up to be sued for future profits.

I don't see how anyone can dictate what you do with an item ( or pet ) once it becomes your property. If you buy a car the salesman can't dictate when or where you can drive it. If you buy a fridge the salesman can't tell you what to put into it. I have 'limited' legal background but I don't believe a contract like this would hold up.
 

Rod

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Very tortured analogy. You also don't have cars or fridges making copies of themselves. Hmm, suppose if they could, the manufacturer would impose restrictions on copies being made.

There are many contracts with future terms.

Think property sales. You enter into a contract with a 30,60, 90 day settlement. Pay a deposit on signing, then at some point in the future you pay the remainder.

And Options share market trading. Buy an option with a view to buying or selling the option at a future date for an agreed value.

And contracts where part payments are done on completion of various future works.

Just because you don't like the terms, it doesn't necessarily make it illegal.

If you enter into a contract with the intention of breaking a key term of the contract, and you break the term, you can be sued. Personally I don't like your chances and would feel more confident sitting at the other end of the table.