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Subject:
From:
Sharon Traxler <[log in to unmask]>
Date:
Tue, 22 Sep 1998 06:08:49 -0400
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I wasn't planning on poking my nose in and saying anything about the little
girl who wants her ferret back, but ...
 
I must disagree with MC and his statement that "Only the direct agreements
of the 'contract' can be considered."  In the law, Only is NEVER Only, but
only sometimes.  There is such a thing as "Mitigating Circumstances".  A
decent attorney could certainly make an argument that sending this ferret
back to a young girl who obviously has not provided reasonable care for an
animal in her charge AND sending the ferret into a state where they are
illegal (wouldn't something about transporting illegal "wild animals" into
the state here crop up here?) is the wrong thing to do.  It is certainly
debatable.
 
As far as the law is concerned, the mother of the child could file a
lawsuit - but would she?  and the mother of the child MIGHT be awarded
damages, but would she??  These are questions we cannot answer.
 
Is it the right thing to do, keeping this particular child from this
particular ferret?  I can't and won't say.  My "emotions" lean in both
directions, and I'm glad not to be making this decision.  The ferret sitter
will just have to decide this one.
 
Remember, in the law there is Never a Never and rarely is Must a Must.  Oh,
I guess here's where the disclaimer needs to go in ... the foregoing is not
intended as legal advice...it is offered as opinion only...etc, etc.
[Posted in FML issue 2440]

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