Equine Law Blog | Foster Swift https://www.equinelawblog.com/2013/ Sat, 12 Sep 2026 12:34:55 -0400 Equine Leases – Common Problems and How to Avoid Them https://www.equinelawblog.com/Equine-Leases-Common-Problems-and-How-to-Avoid Julie I. Fershtman Equine-Leases-Common-Problems-and-How-to-Avoid Thu, 19 Dec 2013 09:00:01 -0500 We receive numerous inquiries from people who have encountered problems during their equine leases – both from lessors (the ones who own the horse and part with it subject to the lease terms) and lessees (the ones who receive use of the horse). Advance planning, and legal help, can prevent several problems. Here are some equine lease problems and suggestions for avoiding them.

]]> The Well-Written Contract Was Breached – What Next? https://www.equinelawblog.com/Well-Written-Contract-Breached-Whats-Next Julie I. Fershtman Well-Written-Contract-Breached-Whats-Next Wed, 04 Dec 2013 09:00:02 -0500 We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options:

]]> “Free Leases” Are Not Free https://www.equinelawblog.com/Free-Leases-Are-Not-Free Julie I. Fershtman Free-Leases-Are-Not-Free Wed, 20 Nov 2013 09:00:03 -0500 In these challenging financial times, more and more horse owners have entered into arrangements they call “free leases.” No legal dictionary, to our knowledge, recognizes the term “free lease,” but in the horse industry it has come to mean a horse that is leased to another with no lease payment to the owner (the lessor) as long as the lessee provides the horse care and attention.

In our experience, lessors (horse owners) usually enter into these arrangements to avoid costly horse care. In an effort to save money, lessors rarely insist on contracts. Not surprisingly, disputes arise. For example:

]]> How Do Equine Activity Liability Act Warning Requirements Differ? https://www.equinelawblog.com/How-Equine-Activity-Liability-Act-Warning-Requirements-Differ Julie I. Fershtman How-Equine-Activity-Liability-Act-Warning-Requirements-Differ Wed, 06 Nov 2013 09:00:04 -0500 Nationwide, 46 states – all but California, Maryland, Nevada and New York – have some form of an equine activity liability act. All of these laws differ, but approximately 31 require sign posting, usually, but not always, by “equine professionals.” The sign posting requirements vary considerably among the laws. Here’s a sampling of how the laws differ.

]]> How Long Does a Stable’s Equine Liability Release Last? https://www.equinelawblog.com/Stables-Equine-Liability-Release Julie I. Fershtman Stables-Equine-Liability-Release Wed, 23 Oct 2013 09:00:05 -0400 We are often asked how long a waiver or release “lasts.” The answer depends on several factors, such as:

  • Did the document specify that it was only intended to be valid for activities taking place on the day when it was signed?
  • Does a state law supply a time limitation during which the document is valid?
]]> Are all Horses "Vicious or Dangerous"? More on the Connecticut Supreme Court Case https://www.equinelawblog.com/Horses-Vicious-or-Dangerous-Connecticut-Supreme-Court-Case Julie I. Fershtman Horses-Vicious-or-Dangerous-Connecticut-Supreme-Court-Case Wed, 09 Oct 2013 09:00:06 -0400 Many in the industry have been discussing the Connecticut Supreme Court case of Vendrella v. Astriab Family Limited Partnership. Oral arguments took place recently, and we await an opinion.  

]]> More Equine Contract Blunders and How to Avoid Them https://www.equinelawblog.com/Equine-Contract-Blunders-how-to-avoid Julie I. Fershtman Equine-Contract-Blunders-how-to-avoid Wed, 02 Oct 2013 09:00:07 -0400 When equine business operators take legal matters into their own hands, problems can occur. Here are some of them:

  • The horse seller has a sales agent that advertised the horse online and negotiated a sale to a buyer who is located out of the country. The sales agent, believing promises of the out-of-country buyer that the purchase payment was “in the mail” on the same day that the buyer’s shipper was picking up the horse,  allowed the shipper to haul away the horse. Unfortunately, the seller never sent a payment, but the horse was already out of the country before the buyer discovered the problem.

How to Avoid: In addition to insisting on a carefully worded sales agreement, the seller can insist that the buyer’s payment in full is received and clears the bank before the horse can be shipped away.

]]> Finding Low Cost Legal Services in Difficult Financial Times https://www.equinelawblog.com/Finding-Low-Cost-Legal-Services Julie I. Fershtman Finding-Low-Cost-Legal-Services Wed, 18 Sep 2013 09:00:08 -0400 We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.

How can people who cannot afford a lawyer seek legal services at low, or no cost?

]]> Should a Boarding Contract Stipulate to a Horse’s Value? https://www.equinelawblog.com/Boarding-Contract-Stipulate-Horse-Value Julie I. Fershtman Boarding-Contract-Stipulate-Horse-Value Wed, 04 Sep 2013 09:00:09 -0400 Some boarding contracts specify that the boarded horse has a stated value. For example, the contract might state: “The parties agree that the horse boarded under this agreement is worth $15,000.”

]]> How to Hire an Equine Lawyer https://www.equinelawblog.com/How-to-Hire-an-Equine-Lawyer Julie I. Fershtman How-to-Hire-an-Equine-Lawyer Wed, 28 Aug 2013 09:00:10 -0400 How do you find the right lawyer for your equine-related legal matter? Here are some ideas:

Consider the Lawyer’s Expertise

Because of their expertise, lawyers with equine law expertise could potentially save money because they often can get the work done in less time than other lawyers. Their understanding of the industry and the terminology used within it might offer you a distinct advantage.

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