Asked April 28, 2017

Informal Agreement

  • 1 Answer

We have a dog which had biten a neighbor, but we did mutual agreement in police station to remove dog from our house. What happens if we are unable to find any person who is ready to adopt him

Answer 1

The legal validity of the agreement can be examined only upon examinig the terms. If the agreement creates a contractual obligation then it may be considered as a contract which can be considered for implementation.

From your statement it seems that it was a mutual agreement orally, arrived by negotiation before the Police. An oral contract can be implemented in the Court (Brij Mohan v. Sugra Begum and other, (1990) 4 SCC 147). The major concern is the fact that it is difficult to prove that an oral contract existed between the two parties. TO show the existence of an oral contract, you will have to prove that the two parties agreed to create contratual obligation of sending the dog away. Unless this is possible, the neighbour cannot have a legal remedy.

It is possible for your neighbour to file a complaint before before the Police under Section 268 of the Indian Penal Code ( Public Nuisance ) and Section 289 of the Indian Penal Code  (Negligent conduct with respect to Animals). Your non- compliance on the mutual agreement, may be considered as an act of negligence leading to the Police accepting the charges agaisnt you.

Research by - Saumya Kumar

Agree Comment 0 Agrees over 3 years ago

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