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Foster Swift: Equine Law

Honors & Recognitions

Congratulations, Julie! We're proud to share that Julie Fershtman has received two prestigious awards.

On April 13, 2013, she received the American Youth Horse Council's 2013 "Distinguished Service" Award. As the award itself states, she received it "[i]n recognition of years of dedicated service to the American Youth Horse Council and tireless efforts to touch the lives of youth involved with horses." For more information about the American Youth Horse Council, please visit www.ayhc.com/.

On May 7, 2013, Julie received the 2013 "Industry Award" from the Michigan Equine Partnership for her work over the years supporting legislation to promote and protect the Michigan equine industry. For more information about the Michigan Equine Partnership, please visit www.miequine.com/.

RECENT EQUINE LAW COURTROOM VICTORY

We're pleased to share that Julie just won a case in Michigan where she defended a boarding and training stable that was sued by a visitor who was injured in the barn aisle. Julie cautions that this case might have been avoided altogether if the stable required every visitor to sign its waiver/release of liability. (Julie, interestingly, drafted that stable's release document years ago but the stable only presented it to customers.) Make sure that your release is well-worded and complies with the laws of your state.

Other Articles

"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 2013

"What Mare Owners Should Look for in a Typical Horse-Breeding Contracts." - America's Horse Daily, September 14, 2012

Should Exculpatory Agreements Relieve Liabilities Founded on an Equine Activity Liability Act? American Bar Association - TIPS Animal Law Committee Newsletter, Fall 2012

Win Equine law Books!

We're always on the lookout for good article and update ideas for the Equine Law Blog. Please share yours! We'll give the sender of best tip of the month a free copy of Julie Fershtman's books, EQUINE LAW & HORSE SENSE and MORE EQUINE LAW & HORSE SENSE. Click here to send your ideas. [For more info on these and other publications written by Julie Fershtman, please visit www.equinelaw.net and www.equinelaw.info or call her directly at (248) 785-4731.]

Large Step Forward for the Horse Industry

We applaud the American Horse Council (www.horsecouncil.org) for its national marketing initiative for the horse industry. The AHC joined together ten national associations and large corporate industry stakeholders to make this happen. We await its marketing plan, which will propose ways to help people become more interested in horses and equine activities, either as participants or spectators.

THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER

Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.

Showing 42 posts in Sales/Disputes.

Know the Limitations of Small Claims Court

You just bought a horse but believe the seller lied to you about its health, history, and training. You want the sale reversed, the horse returned to the seller, and your purchase price returned. You also want all of your hauling expenses and veterinary bills reimbursed. Can you avoid the expense of a lawyer and sue the seller on your own in small claims court? Read More ›

Categories: Sales/Disputes

Not All Legal Disputes Warrant a Lawsuit

Is every legal dispute appropriate for a lawsuit? Not necessarily. Sometimes the dispute can be resolved quickly and amicably – as long as the parties are willing to consider an alternative to the legal system such as arbitration or mediation. Read More ›

Categories: Contracts, Sales/Disputes

Common Equine Breeding Disputes and How to Avoid Them

Horse breeding transactions can generate several disputes, including the following:

Problem

The stallion’s show or race schedule prevents its availability for breeding by cooled semen or live cover.

If the breeding will be accomplished by live cover, AI, or shipped cooled semen, which requires the stallion to be available for collection, this problem can be avoided by a contract that specifies a range of dates or months in which the stallion can be available. Read about other common disputes ›

Categories: Breeding, Sales/Disputes

Legal Aspects of Buying a Horse from a Sales Agent

Generally speaking, it is completely legal to do business with an agent in a business transaction.  An agency relationship generally exists when one person, such as a horse seller, agrees to allow another person to act on his or her behalf in a transaction. The agent acts on behalf of the “principal.”

Risks

Those who deal with parties claiming to be agents can encounter risks, such as: Read More ›

Categories: Sales/Disputes

Tips for the Novice Horse Buyer

Our office receives numerous calls from first-time horse buyers who are soured on the horse industry due to bad experiences with horse sellers. Some proceed with lawsuits. Horse buyers who proceed cautiously and seek assistance at the proper time can, in many cases, avoid disputes. This article offers some suggestions. Read More ›

Categories: Sales/Disputes

Three Written Words That Might Prevent a Lawsuit

Gene buys a mare from a horse seller across the country, and pays the full purchase price, which the seller receives. Shipping was set for the next day. As the shipper pulls in to get the horse, it is discovered that the horse has become seriously ill and dies within hours, while still at the seller’s stable. Is Gene entitled to a refund?

The answer could depend on three important words, “Risk of loss.” Read More ›

Categories: Sales/Disputes

The Unique Benefits of Hiring an Equine Law Practitioner

In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.

Question

Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how? Answer ›

Categories: Insurance, Sales/Disputes

Pre-Sale Agreements Regarding Inspections and Testing

During a national teleconference on Equine Law in January 2013, I was asked: “Do you recommend pre-sale agreements regarding inspections and testing?”

Answer

Yes.  When I represent sellers in equine sale transactions, I prefer a contract that specifies that the buyer has received an opportunity to have the horse tested by veterinarians and equine professionals of the buyer's own choosing and at the buyer's sole expense.  Allowing, if not encouraging, the buyer to seek professional opinions on the horse can help break the chain of reliance on the seller.  What about a buyer-oriented contract? ›

Categories: Contracts, Sales/Disputes

Lease Agreements Can Avoid Disputes

Desert Mirage - December 2012

Categories: Sales/Disputes

Can You Contract With a Child?

A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses.  She is old enough to drive a car, but is she old enough to enter into a contract with you?

The answer is no.  Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you. Read More ›

Categories: Liability, Sales/Disputes