Exam A
Test your knowledge of equine law. by Attorney Krysia Nelson
Gift of Gabbers
n amateur rider, “Betty,” buys a young mare as a low-level eventing prospect. Shortly after getting the mare, Betty throws out her back
and requires surgery. All told, she is out of the saddle for nine months. On the day she plans to get back in the saddle, Betty looks at her young horse (who has not been ridden in nine months), and decides that maybe she should get someone else to ride the horse first. Betty calls her good friend,
“Sally,” and explains her predica- ment. Sally is also an amateur, but a much more accomplished rider than Betty. Sally suggests that Betty ride her old horse, and Sally will ride the young mare. The two friends go out on a trail ride. Sally laments that it is just the beginning of the fox hunting season and she has no horse to hunt. Betty has an idea and says, “Sally, why don’t you take the mare and hunt her this season? It will give her some good experience and you something to ride, and by the end of hunt- ing season next spring she’ll be ready to go and I will be feeling less fragile.” Sally is thrilled with this sug- gestion and takes the mare home with her. The two friends keep in touch all fall and winter, and Betty is pleased to hear about her mare’s progress and how much she is learning. When spring rolls around, Betty has another health setback. This time, it looks like she won’t be well enough to compete until the fall. Betty still has her old horse that she can trail ride, but she can’t see taking the mare away from Sally when she will only be able to watch her eat grass all summer. She offers to let Sally keep the mare for the summer, and Sally is only too happy to agree. Unfortunately, at the end of the summer, Betty
is still not feeling well and with all her health issues she is strapped for cash. She decides that the right thing to do is to sell the mare. She calls Sally and says, “Sally, my dear. I hate to do this, but I have to sell the mare. I need the money badly, and it looks like I won’t be able to ride her anytime soon, if ever. I know you love her and if you want her, I will sell her to you for what I paid, $8,000.” Sally responds, “I
62 September/October 2013
would love to own her, but I just can’t afford $8,000 right now.” Betty makes Sally the following proposal: “Well, she has to be offered for sale. If you want to keep her and keep hunting her until she is sold, then that is fine. If you are willing to show her to people and spread the word that she is for sale, then let’s market her at $10,000 and I will pay you something when she sells.” Sally agrees. The mare does not sell during
the hunting season. But after the end of the foxhunting season, Sally begins showing the mare. They are very successful and win a pres-
tigious event. Betty is very pleased and is hoping that this will help the
mare get sold soon. She has left several messages on Sally’s voice mail, congratu- lating her and suggesting that they raise the
asking price on the mare to $15,000. Sally does not respond. About a week later, Betty sees an article in the local paper about the event that her mare won with Sally. In the article, Sally is listed as the mare’s owner and is quoted as saying, “A dear friend of mine gave me the mare as a gift when she could no longer ride her. I am just so grateful to own such a wonderful, generous animal.” Betty hires a lawyer.
☛ Turn the page for the outcome of this case.
About the author: Krysia Carmel Nelson is an attorney from Virginia who is a nationally-rec- ognized expert in equine law. Attorney Nelson represents horse owners, trainers, riders, breed- ers, equestrian facilities, farms, clubs and associations across all nation- ally 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.
© The Book LLC 2011
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