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Exam A


by Attorney Krysia Nelson Test your knowledge of equine law.


WHEN THE CUFF TURNS ROUGH


n amateur rider who keeps her horse at home is going through a divorce. She is moving


and needs to get her horse off the property. Because of the uncertainty of the outcome of the divorce, she does not have the money to board the horse or pay to have it in training. Seeing no alternative, she decides to sell the horse. Her trainer, who knows the horse and the rider’s situation, agrees to take the horse “on the cuff.” The trainer explains to the rider that this means the rider won’t have to pay any bills on the horse. The trainer will take the horse, board it and train it, market the horse for sale and “get paid” when the horse sells. The rider, with no better options available to her, agrees. They put nothing in writing. Nine months later, the horse has not sold and


the rider is in a better financial position having fared well in the divorce. She decides that she would rather keep her horse than sell it. She


happily informs her trainer of her decision. About a week later, the trainer presents her with a bill for nine months of training board. Does the rider have to pay it?


☛ Turn the page for the outcome of the case.


About the author: Krysia Carmel Nelson is an attorney from Virginia who is a nationally- recognized expert in equine law. Attorney Nelson represents horse owners, trainers, riders, breeders, equestrian facilities, farms, clubs and associations across all nationally and internationally recognized disciplines. As a lifelong equestrian, she currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at eqlaw@aol.com.


46 May/June 2013


© The Book LLC 2011


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