Pet Sales

Summary:

Section 2 of the Pet Animals Act 1951 states that a person shall be guilty of an offence if he "carries on a business of selling animals as pets in any part of a street or public place, [or] at a stall or barrow in a market". Small transparent cubes containing water and live fish were sold as novelty items, known as 'aquababies', from a barrow in a thoroughfare of a large indoor shopping mall. The Court found that this activity involved the carrying on of a business of selling pets in a "public place" and was therefore prohibited by section 2.

Summary:

This is a Provincial Court Civil Claims appeal from an award to plaintiffs/respondents for $865.00 in veterinary expenses as against defendant/appellant. This matter arose out of the sale of a black female Belgian Sheepdog that was eventually euthanized by the respondents at four months of age, two months after it was purchased due to serious hereditary defects. The purchase agreement signed by respondents warranted the puppy against serious hereditary defects or illness until 25 months of age, but limited the damages to replacement of the puppy with another puppy. In affirming the award of damages, this court found that the contract does not specifically exclude compensation for veterinary expenses or for consequential damages; hence, it does not exclude liability by the supplier for the purchaser's veterinary expenses incurred as a result the defective dog.

Summary:

This Wyoming case concerns the application of the sales provisions of the Uniform Commercial Code as adopted in Wyoming (ss 34-21-201 through 34-21-299.5, W.S.1977) to a sale of a registered Black Labrador retriever which was intended for competition in field trials. More specifically the question is whether the continued physical ability of this retriever, as a matter of law, was precluded from becoming part of the basis for the bargain of the parties. The court agreed with the district court in this instance that, as a matter of law, the expressions of the seller relative to the potential of this retriever were only expressions of opinion or commendation and not an express warranty.

Summary:

This appeal arises out of a suit brought under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and for breach of expressed and implied warranties after plaintiff purchased an allegedly defective umbrella cockatoo from a pet shop. Prior to purchase, appellee-seller stated the cockatoo was healthy and gave the appellant an "Official Health Certificate for Animals and Fowl" with a 72-hour expressed warranty on the health of the cockatoo. Two weeks later the cockatoo began showing signs of poor health so appellant took it to a veterinarian (it later died). This court concluded the trial court had sufficient rebuttal evidence upon which to hold appellant failed to prove the cockatoo's death by a preponderance of the evidence. Further, this court agreed with the trial court's finding that appellant failed to prove by a preponderance of the evidence that the appellees committed any false, misleading or deceptive acts under the DTPA, or breached any expressed or implied warranties.

Summary:

In this Texas case, a dog owner brought an action against a Petco groomer for damages when her dog was killed after escaping from the pet groomer and running into traffic. The trial court entered a default judgment in favor of the owner and awarded damages. The Court of Appeals, held that the dog owner was not entitled to damages for mental anguish, absent pet store's ill-will, animus or desire to harm her personally. Moreover, the owner was not entitled to intrinsic value damages, lost wages, or counseling expenses.

Summary:

The defendant operated a dog breeding business, “Hollybelle's Maltese,” in which she bred purebred Maltese dogs in her Franklin home, advertised the resulting puppies on an Internet website, and shipped the puppies to buyers located around the country. She was convicted by a Williamson County Circuit Court jury of eleven counts of animal cruelty. The main issue on appeal concerned the imposition of sentence, which included both consecutive terms of probation and a permanently prohibition from engaging in any commercial activity involving animals. The appellate court affirmed the defendant's convictions but concluded that the trial court erred by ordering consecutive periods of probation in conjunction with concurrent sentences. However, the court found that  the trial court's permanent prohibition against her buying, selling, breeding, or engaging in any commercial activity involving animals  was authorized by the animal cruelty statute. As the court stated, "Given this proof and the court's findings, we cannot conclude that the trial court erred in ordering that the defendant be permanently barred from engaging in commercial activity with respect to dogs."

Summary:

Appellant, Pet City and Supplies, Inc. appealed from the judgment in the amount of $1,638.52 entered in favor of Appellee, Christopher A. Cavallini following a bench trial. The trial court determined that Cavallini was entitled to damages due to Pet City's violations of the Dog Purchaser Protection provisions of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Cavallini purchased a Yorkshire terrier puppy from Pet City that was represented as a pure bred. After several attempts, Pet City failed to supply Cavallini with the requisite registration papers. On appeal, Pet City contended that the trial court erred as a matter of law by determining a private action can be brought under the Dog provisions of the UTPCPL, and erred as a matter of law by imposing a civil penalty against Pet City under the UPTCPL. In finding that the statute does provide a private cause of action, the court looked to the purpose of the statute rather than the plain language. However, the court found the inclusion of a civil penalty in the part that allows a private action was inconsistent with the statute.

Summary:

In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement. 

Summary:

A dog breeder was required to abstain from selling dogs for three years or else criminal charges would be reinstated for failing to file health certificates for the dogs they sold or report deaths due to contagious diseases.  The breeder brought claims for malicious prosecution, tortious interference with a business relation, and section 1983 violations.  The trial court denied defendants motion to dismiss and the Court of Appeals affirmed in part holding the complaint failed to state a claim for malicious prosecution and the humane society volunteer was entitled to statutory immunity as an unpaid officer of a not-for-profit corporation.  

Summary: Defendant was convicted following jury trial in the Criminal Court of the City of New York of abandonment of animals.  On appeal, the Supreme Court, Appellate Term, held that the warrantless entry into pet shop was justified under emergency doctrine and sufficient evidence supported his convictions.