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October 23 , 2007

Ellen DeGeneres and Contract Law

Whether you are a fan of Ellen DeGeneres or do not know who she is , the recent media frenzy over her adoption and subsequent loss of a pet dog has placed the significance of contract law under public scrutiny . The facts of the case are relatively straightforward . On September 20 , 2007 DeGeneres and her partner adopted a terrier mix named Iggy from the Mutts and Moms pet adoption agency . DeGeneres stated that although she tried to acclimate

it , to train it to be with our cats . It was just too much energy and was too rambunctious (1 . DeGeneres then decided to give Iggy to her hairdresser , a mother of eleven and twelve year old girls . This family had Iggy for approximately two weeks . On or about October 15 , 2007 the agency contacted DeGeneres to inquire about Iggy She told them the truth . I didn 't lie . I said `Iggy has a great home (1 . Soon thereafter the agency went to Iggy 's new home and retrieved the dog pursuant to their contract

The contract states in pertinent part as follows

h . NO RIGHT OF TRANSFER . If at any time in the future ADOPTER cannot continue to provide proper care or environment for ADOPTEE for any reason , ADOPTER will NOT give or sell ADOPTEE to another person company , organization , medical research pound or animal shelter and will do one or more of the following obtain approval from RESCUE to transfer ownership of ADOPTEE to a friend or relative . Rescue must approve the new ADOPTER and the new ADOPTER will be required to sign an agreement similar to this one continue to board ADOPTEE for an agreed upon time , allowing RESCUE to actively seek a new home return ADOPTEE to shelter

IF ADOPTER fails to abide by the terms of this clause , ADOPTER will pay all costs , including any legal fees incurred , required to secure the return of ADOPTEE to RESCUE and will in addition , be required to pay liquidated damages in the amount of 500 .00

o . RIGHT TO RECLAIM . ADOPTER understands and agrees that RESCUE reserves the right to reclaim ADOPTEE if any of the above conditions are not met to the satisfaction of RESCUE (2

DeGeneres publicly stated Well , I guess I signed a piece of that says if I can 't keep Iggy , it goes back to the rescue organization .I was trying to do a good thing .that 's the story and that 's why I 'm feeling responsible for trying to do something and I did it without reading all the things I should have (1

Common law requires several elements to be met for a contract to be enforceable . There must be consideration , which in the four-page contract document is set forth as a separate paragraph . There was an agreement between the parties memorialized and dated on the document All parties to the contract were of legal age and capacity . The nature...

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