Contract Disputes and Horse Purchases

Horse sales & contractual disputes

Depending on the pedigree of a horse and the purpose for which it is required, the acquisition of a horse can be a transaction that ranges in value from thousands to hundreds of thousands of pounds. Because of the sums of money involved, it is important that you ensure you receive exactly what you had bargained for when agreeing to purchase a horse. If you've bought a bad horse, you may be able to claim compensation. There are two main causes of action under which you might be able to make a claim against the vendor of the horse: misrepresentation and breach of contract.

Misrepresentation

It is important to remember that in most instances, the seller is not obliged to disclose any problems or defects to you, and a failure to volunteer information cannot be a ground for a misrepresentation claim. However, a seller must answer any questions which he is asked truthfully and if he withholds or conceals information, then you may be able to make a misrepresentation claim.

As well as damages, in misrepresentation cases you are entitled to rescind the contract, and reverse the transaction so that both parties are returned to their positions before the sale. This means that you will receive a refund, and the horse will be returned to the seller.

Breach of Contract

In breach of contract claims you are entitled to damages equal to the difference between the value of the horse which you purchased and the value of the horse which you received. You are also entitled to any other losses which flow from the breach of contract. For example, if you incur veterinary bills as a result of the horse failing to meet contractual requirements about fitness and absence of disease, these will also be recoverable.

Often, in claims relating to an alleged breach of contract the facts of the case are not in dispute. Instead, these cases are generally focussed on the interpretation of particular contractual provisions, and the courts are asked to rule on how these provisions should be read and applied to the facts. This can result in complicated and detailed legal arguments being raised which are outside the capacity of most ordinary people to deal with, and in these cases a contract lawyer who specialises in the nuances and vagaries of equine transactions can prove an invaluable friend.

Making a claim

Because of the value of contract disputes involving the purchase and sale of horses, in most instances these cases will not fall within the small claims jurisdiction of the County Court and will instead be dealt with under the more expensive fast-track or multi-track procedure will full formalities. If you are involved in a contract dispute which is likely to result in court action therefore, it is advisable to locate an expert equine law solicitor at an early stage.

What you need to know about equestrian disciplinary tribunals

Any activity that involves horses has provisions in place to regulate it, and disputes can be resolved by an equestrian disciplinary tribunal.

All about buying a horse

For anyone wishing to buy a horse, it is highly recommended that you first seek the appropriate legal advice from a solicitor specialising in equine law.

Help with vetinary negligence

Veterinary negligence is an area of equine law. Equine law generally covers the regulations that are involved with contract or negligence law.