On an agreement to auction an animal, and afterthoughts.

First, the undisputed facts.

JL's family lives in an farming community. They put a goat up for auction. This was a "terminal sale": the auctioned animals would be slaughtered with "no exceptions".

Before the auction began, JL's family changed their minds and tried to back out. The auctioneers refused, saying that this was against the rules. The goat was sold to a bidder.

JL's family nevertheless took the goat away. The goat was eventually retrieved.

JL's family is now suing those involved in the retrieval of the goat.

A straightforward case of buyer's remorse?¹ Aren't contracts meant to be honoured? Why should JL's family sue when they are in the wrong?

But wait - let's hear JL's side of the tale before concluding.

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For several months before the auction, EL, JL's 10-year-old daughter, had cared for Cedar the goat. At the auction, EL could not bear the thought of sending Cedar to the slaughter. JL therefore took Cedar away from the auction.²

JL communicated her willingness to pay for any loss suffered. The successful bidder said he "would not resist her efforts to save Cedar from slaughter". However, the auctioneers insisted on Cedar's return.

Cedar was sent to a far-away farm for his safety. However, representatives from the Sheriff's Department drove at least 500 miles across county lines to seize Cedar. Cedar has since been killed.

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3 observations.

First, under Singapore law, the most common remedy for breach of contract is monetary compensation. If these events took place in Singapore,³ and assuming that JL's family had breached a contract to sell Cedar, the auctioneers could certainly claim against JL's family for the financial loss suffered. But I am not sure if they would have had the right to obtain specific performance, in the form of the delivery of Cedar.⁴

As such, if the other party has breached a contract, don't assume that you are entitled to the precise performance provided for in the contract. Discuss with your lawyers on what exactly are the remedies you are entitled to seek, and what remedies would meet your commercial needs.

Second, part of JL's complaint is that the Sheriff's Department's public resources were used for a civil dispute. However, in many jurisdictions, the law draws a distinction between civil liability and criminal liability. When a contract has been breached, there may be civil liability, but there might not be criminal liability.

As such, if the other party has breached a contract, don't be surprised if you make a police report but the police choose not to do anything, on the basis that the report does not disclose any criminal behaviour.⁵

Third, notice how your perception changes depending on how the story is told.

When involved in a dispute, find a lawyer who can tell your story the way that it deserves to be told.