Two months ago you bought the horse you always wanted. Your goal was to win championships in breed-recognized horse shows. Now, however, it appears that a terrible problem has ended your plans: The seller will not transfer the horse’s breed registration papers into your name. Your arsenal of weapons is limited — there is no written sales contract, but you recall the seller promising to send you the horse’s papers “right away” the day you gave him your money (a promise he now denies ever making). What can you do? (more…)
Why Do Liability Releases Sometimes Fail? (Part 1)
“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. (more…)
Why Do Liability Releases Sometimes Fail? (Part 2)
“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. Part one of this two-part series explored the three main reasons why releases of liability have been known to fail over the years. This part, which concludes the series, offers some simple suggestions to help those who use releases make them more likely to be enforced. (more…)
Are Your Contracts Fine-Tuned? Part 2
Do you really believe that you have the “perfect” contracts for your equine activities? Do you believe that your contracts adequately account for the unique requirements of your state’s law? This conclusion of the two-part series covers more details to consider for “fine-tuning” contracts used in equine-related activities and transactions. (more…)
Are Your Contracts Fine-Tuned? Part 1
Do you really believe that you have the “perfect” contracts for your equine activities? Do you believe that your contracts adequately account for the unique requirements of your state’s law? The following is a general review of ten details to consider in an effort to “fine-tune” a variety of contracts used in equine-related businesses and activities. (more…)
Myths About Releases or Waivers
In the horse industry, misunderstandings and myths abound regarding important legal topics. This three-part series of articles explores some common myths in the horse industry. Part one discussed the equine liability acts, part two discussed insurance, part three, the conclusion of the series, will discuss releases of liability. (more…)
Myths About the Equine Activity Liability Acts
In the horse industry, rumors and myths abound regarding important legal issues. This three-part series of articles explores some common myths in the horse industry. Part one discusses the equine liability acts, part two will discuss insurance, and part three will discuss releases of liability. (more…)
Common Sense Ways to Avoid Legal Disputes When Buying a Horse
Ann always wanted to own a top show horse. Now, she found her chance. Someone has advertised for sale a gorgeous 12-year-old gelding. After years on the show circuit the horse developed an outstanding show record, with several championships. Ann wanted to make him her champion. The asking price of $3,000, she thought, was surprisingly low for a horse of his caliber. She promptly called the seller and made an appointment to see the horse. When she arrived, the seller had the horse saddled and waiting for her. She took her “test ride” in a quiet, empty arena. The ride went beautifully. A short time later, Ann paid the seller in cash and the horse was her. (more…)
How to Create Costly Legal Disputes Involving an Equine-Related Contract
Are you looking for ways to part with more of your hard-earned money and to create disruption in your life and business? Would you like to increase your chances of getting involved in a costly legal dispute? Where equine-related contracts are involved, here are six ways to help ensure that these things happen: (more…)
Turning a Good Boarding Contract Into a Great Contract
Could the following scenario happen to you?
You just returned from your dream vacation — a two-week Caribbean cruise. You immediately dropped off your bags at home and rushed straight for the boarding stable to see your horse. But instead of greeting you, she was nowhere to be found. Her stall was empty. The stable owner approached you with terrible news: Your horse had a very severe bout of colic the day you left, and the veterinarian recommended surgery immediately. The stable could not reach you to get your permission. With no way of knowing whether you would consent to the costly surgery, the stable owner told the vet to put down your mare. (more…)