Legal Question in Family Law in Kentucky

We adopted a dog from a girl that was rescuing puppies. She made us sign a contract to make sure the puppies are well taken care of, but has become unbearable. On the contract she presented herself as an agent, "Agent ______". Although she is really not an agent of any rescue. Does that make the contract void or can she still claim the ability to take our dog?

Not sure what type of law this falls under.

Asked on 8/29/13, 5:21 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC
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This is a basic contract question. And, what you describe can be categorized as fraud. I would say it is technically "fraud in the factum" which means a material fact to the contract was misrepresented. Arguably, that is enough to make the contract avoidable. This means that if she attempts to take the dog or take you to court, you would have a good defense. Beyond that, know one knows how a judge would rule.

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Answered on 8/30/13, 6:09 am

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