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Pet Adoption Contract Question



netrunner
8/16/2004 11:25:42 PM


Hi,
I've got a rather odd question and I hope that someone can be of help to
me. I really want to adopt a kitten, but I've run into a dilemma while
looking through adoption websites. I live in Massachusetts, and it seems
that virtually every single adoption program has a compulsory form that
you must sign off on to get a kitten. I have no problem with random
visits to my home, or questions about my income. I do, however, think it
is is a bit much to insist that I sign off that I'll never declaw the cat.
Now, I know many people may be against declawing, but that isn't the
issue. What I'd like to know is if it is possible (legal) for the
adoption agency to just come to my house and take away the cat if it has
been declawed? To me this seems like me selling someone a car and
telling them that if they drive over 75 mph that I get to take it away.
Thanks in advance for any help you can give me on this issue!
 
 
defdum@blynd.edu
8/18/2004 2:03:53 PM


On Mon, 16 Aug 2004, netrunner <netrunner1218@rcn.com> wrote:
I've got a rather odd question and I hope that someone
can be of help to me. I really want to adopt a kitten, but ...
virtually every single adoption program has a compulsory
form that .... I'll never declaw the cat. .... (Is it) possible
(legal) for the adoption agency to just come to my house
and take away the cat if it has been declawed? .... Thanks
in advance for any help you can give me on this issue!
If some months after you have the cat you have it declawed, how will
the adoption agency with which you - just one client/customer among
many others, had dealt by then long ago - probably find about?
through that small and presumably barely well-funded agency's vast
network of undergroud No-Declawing Informants? by a member of its
vast brigade of No-Declawing Cops? and even if, someone, the agency
did learn of your Transgression Against Nature and then care to do
more than sigh and shrug its collective shoulder at your Betrayal,
how, physcally and otherwise practically, would it gain access to your
house to just come and take the cat away? as a matter not just of
what (as you say) is "possible" but instead as what is likely, what is
probable, will the then agency's personnel actually take the animal
back to its (overcrowded?) cages rather than leave it with a (but for
the Terrible Mutilation you will have facilitated) presumably loving
Human Companion? if, however, no one actually does come to take the
cat away, or tries to come but with timing and in a manner that will
enable you time in turn to respond, what difference does would it make
further to try to analyze what is "possible (legal)" in the
circumstances? if a tree falls in a forest far from where anyone
can hear it, does it make a "noise"? is it "possible (legal)" for
you to be ticketed for speeding if you drive your car at more than 55
mph on the moon?
 
 
"McGyver"
8/18/2004 9:55:39 AM




"netrunner" <netrunner1218@rcn.com> wrote in message
news:pan.2004.08.17.03.25.42.432807@rcn.com...

I've got a rather odd question and I hope that someone can be of
help to
me. I really want to adopt a kitten, but I've run into a dilemma
while
looking through adoption websites. I live in Massachusetts, and it
seems
that virtually every single adoption program has a compulsory form
that
you must sign off on to get a kitten. I have no problem with random
visits to my home, or questions about my income. I do, however,
think it
is is a bit much to insist that I sign off that I'll never declaw
the cat.
Now, I know many people may be against declawing, but that isn't
the
issue. What I'd like to know is if it is possible (legal) for the
adoption agency to just come to my house and take away the cat if
it has
been declawed? To me this seems like me selling someone a car and
telling them that if they drive over 75 mph that I get to take it
away.
Thanks in advance for any help you can give me on this issue!
You have the right to enter the contact you outlined. If you don't
keep the promises you make in the contract, you can be sued for
breach. The agency could not enter the house or take the cat without
your permission, because the contract doesn't say they can (I assume).
But they could sue for possession if the contract gives them the right
of possession as a result of your breach. If you don't think a
contract is fair and reasonable, don't sign it.
There are 84 zillion cats making babies as fast as they can, and lots
of owners who would like to give you a kitten. You could put an index
card ad on the bulletin board of the supermarket. I see ads for free
kittens in the Penny Saver (A free newspaper containing nothing but
ads, mostly from people rather than businesses). I see urchins with a
cardboard box containing kittens outside of the swap meet, trying to
give them away. I got a kitten for my kids from some other kids
standing outside of a mall with a box of kittens and a sign, because I
couldn't scoot past them fast enough to distract my daughters and I
was too slow witted to think of a good answer when they asked why not.
You could go ahead and sign the contract if the issues are not
important to you, but there are alternatives.
McGyver
 
 
cj.green@worldnet.att.net (Christopher Green)
8/18/2004 11:16:49 AM


netrunner <netrunner1218@rcn.com> wrote in message news:<pan.2004.08.17.03.25.42.432807@rcn.com>...
Hi,
I've got a rather odd question and I hope that someone can be of help to
me. I really want to adopt a kitten, but I've run into a dilemma while
looking through adoption websites. I live in Massachusetts, and it seems
that virtually every single adoption program has a compulsory form that
you must sign off on to get a kitten. I have no problem with random
visits to my home, or questions about my income. I do, however, think it
is is a bit much to insist that I sign off that I'll never declaw the cat.
Now, I know many people may be against declawing, but that isn't the
issue. What I'd like to know is if it is possible (legal) for the
adoption agency to just come to my house and take away the cat if it has
been declawed? To me this seems like me selling someone a car and
telling them that if they drive over 75 mph that I get to take it away.
Thanks in advance for any help you can give me on this issue!
It would be legal, at least in principle and in generalities. There is
nothing in principle wrong with a contract for property (treating cats
as property, as if they were amenable to human notions of property...)
that includes restrictive covenants on how you may use (or not abuse)
that property. Adoption contracts for pedigreed animals from reputable
breeders often contain clauses that are far more restrictive than that
(such as forfeits or 5-figure penalties for failing to spay or neuter
an animal not sold for breeding), and these are considered a Good
Thing.
Whether the shelter has any practical means of enforcing their
contract is a different question. Most don't have anything anywhere
near the resources they would need to police even a fraction of their
adoptions. They would probably enforce only if it came to their
attention for another reason.
--
Not a lawyer,
Chris Green
 
 
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