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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Person gives pet goat to another person with the understanding

Customer Question

Person gives pet goat to another person with the understanding that the goat will have good grazing and good barn for shelter. Donor visited other person and goat the day after giving the goat to other person, previous owner was not satisfied with grazing an barn for goat. what right does preivious owner have in getting goat back.
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well. I am a licensed attorney with over a decade of litigation and contract law experience. It is a pleasure to assist you today.
If there was no contractual agreement in place at the time of the conveyance, then the giver has relatively few rights. One right may be the ability to petition a court with jurisdiction and state that the receiver has breached an oral agreement or contract. The giver would have to show that the there was an offer (you can have the goat as long as the facilities are adequate), acceptance (receiver accepted and covenants this to be true) and consideration (the animal is transferred to the receiver). The giver could argue that the receiver breached the agreement and therefore the animal should be returned.
You may even be able to handle this in small claims court. However, the giver should be prepared to provide an answer as to why they did not perform a site inspection before conveyance of the animal. I think the answer is that they took the receiver at their word and were lied to as a result - showing more breach of oral agreement.
Let me know if you have any other questions.
Please rate my answer positively as well.
Best wishes!
Expert:  Delta-Lawyer replied 2 years ago.
Let me know if you have any additional questions. I want you to be as comfortable as possible moving forward. Thanks!