If you breach a boarding (horses) contract by leaving without 2 weeks notice, contract does not outline any penalties or forfeitures as a result of breach, what is enforceable? The owner wants to keep all all money paid and refused to furnish/supply me with the feed and bedding I am paying for, even though my horse is not there, and as stated above, contract has no mention what the consequences for the breach of contract is. Just says she wants 2 weeks notice, that's it.
Answer
Indeed, the law would prefer that contracts NOT outline penalties and forfeitures. Penalties and forfeitures are properly the province of a court of law, not the contracting parties. Sure, many contracts do provide penalties for breach, but courts may not enforce them, and if they do, it is because they are more in the nature of a reasonable pre-estimate of damages rather than true penalties or forfeitures.
In your case, you readily admit breaching the contract by departing without giving two weeks' prior notice. Under the circumstances, you are liable for the boarding establishment's actual loss of income, up to two weeks worth, but it has a 'duty' to make reasonable efforts to hold those losses to a minimum by trying to re-rent the space to another boarder, or by equivalent means.
I recommend trying to keep this out of Small Claims Court and negotiating a realistic but small cash settlement, such as you pay them for one week, but you get your tack back.
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