Equine Law Blog

Problem

Diseases and hereditary conditions.

The health of the stallion can potentially affect the health of the mare, her offspring, and sometimes even the mare owner’s farm. Breeding contracts provide an excellent opportunity for the stallion owner or manager to promise that the stallion is in good health and is not, for example, a carrier of diseases such as EVA (Equine Viral Arteritis), or genetic conditions such as HERDA (Hereditary Equine Regional Dermal Asthenia or hyperelastosis cutis), HYPP (Hyperkalemic periodic paralysis), LWS (Lethal white syndrome), or OLWS (overo lethal white syndrome). Mare owners may want assurances within the breeding contract that the stallion has been tested for, and is negative for, any or all of these. Breeding farms that invite outside mares might demand assurances from the mare owner.

Problem

The foal dies shortly after birth.

By industry custom, almost all equine breeding contracts come with a “Live Foal Guarantee.” As simple as that phrase may seem, it can generate widely different expectations among mare owners and stallion managers. To prevent misunderstandings, the breeding contract can define the phrase carefully. As examples, the "live foal guarantee" can be defined as: “a single foal that can stand and nurse” or “a foal that survives for 24 hours” (some contracts extend this to 72 hours) after birth.

Conclusion

Breeding contracts can prevent several disputes. The cost to have a contract drafted can potentially save a party thousands of dollars in legal fees. Consult with knowledgeable counsel, or call us if you have questions.