Q: Animal rescue is rescinding an adoption contract
An animal rescue is trying to rescind an adoption and obtain a warrant to take back my puppy stating I am hoarding animals due to a dog fight on my property (5 cats & 5 dogs). I got rid of the vicious dog (foster - 6th dog) and the puppy was nowhere near the fight; kept apart from all others on purpose. The puppy was taken to the vet as proof he is well and documents were given to the rescue. I have followed their contract fully, yet they are saying I have not. They are basing their lawsuit on feeling uncomfortable with the puppy being in my care and stating he is not being taken care of with no proof to back it up. All of my animal receive the best care, e.g. vet, food, water, exercise, companions, and shelter. Animal control did an investigation and they have closed my case on the fight between the two dogs and now have all 10 animals on record. Can the animal rescue really go this far because they continue to harass me and falsify information I abide by based on their own contract?
A: I recommend you consult with an attorney. In general, anyone that has a contract in Tennessee could sue the other party for breach of contract allegations. Whether there was in fact a breach is a question of fact that would be determined by the Jury (if a jury trial) if the case proceeds to trial. It sounds like you have factual arguments that you believe supports your position that you have not breached the contract here. If the jury agrees with your argument, you could prevail in defending your lawsuit. Experienced attorneys understand all of this and can help you understand what your potential liability is and what strategies may be effective in ensuring you are likely to prevail. Good luck.
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