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Hello, I am dog sitting for the first time for five days. The dog done a lot of damages, chewed on the door frame/trim, jump push my bathroom door and broke it, and chewed my window blinds. I know it's my responsibility to watch the dog, but I also have a two months old son I have to care too, also, the dog became aggressive towards my son, but never ever gone near him since and I defiantly made sure. I called her the second day and told her all about it and for her to come get the dog, she said she was. Never came, I called multiple times and texted her. No answer. I assumed this was an abandonment and was going to call the animal control/sheriff. My husband, who is a military police, said before i do that, he'll call her. No answer. It took us so many times to get her to answer her phone, so finally my husband sent her a text, saying, he's the military police on base and that hell report her for abandonment and not paying for the damages, since her husband is a marine, he can get in trouble for his wife's action. She replied within two minutes and making excuses why she could pick up and said shell pay for the damages. Anyways, I took pictures of the damages and called a contractor to estimate it. Tonight is the last night with this dog, and texted her to ensure she's coming tomorrow. She said she has enough money for the dog sitting, but not for the damages and be able to pay it next week. I'm worried she might not pay and was wondering if the SMS (text messaging) would be proof of her saying shell pay next week.
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Dear Anonymous:
Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay for damages her dog caused. There is probably not a clear answer to that question. The law of contracts requires that there be something called "consideration" for a contract to be enforceable. In other words, a simple promise is not enforceable. Someone could promise to pay you money as a gift, but if they don't do so, there is nothing you can do about it.
You could argue here, however, that you formed a settlement contract. If you as her to pay for all damages and she agreed and you accepted her agreement, there is consideration for her promise to pay, which would be enforceable.
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Answered on May 08th, 2013 at 6:02 PM