Exam L
Test your knowledge of equine law. by Attorney Krysia Nelson
The Disclosure Dilemma
ily Lawyer has two lovely foxhunters and a very bad back. Lily decides that she must sell her horses because she can no longer
ride. Although both horses seem perfect to Lily, she knows that neither is “perfect” in a purely objective sense of the word. Being a lawyer, Lily does not want to risk getting sued over the sale of either horse, but she also wants to make sure that both horses find ex- actly the right home. Horse number one, “Mr. Wonderful,”
is a massive Irish Sporthorse gelding. He is handsome and honest and can jump the moon. He excels not only at foxhunting, but at hunter paces, field trials, point to points, and even “A” shows in the hunter, equitation and jumper divisions. For a mas- sive looking horse, you would think he would move like a plow horse, but quite the opposite: he has the athleticism of a big cat and is a beautiful mover with great form over fences. The problems…well, there are a few. Mr. Won-
derful has a buck in him, and if you let him get his head down and you don’t have enough bit in his mouth (translation: something with a western-style port), you are buying the real estate immediately in front of you and slightly to the right. Mr. Wonderful’s inclination to buck is in direct proportion to his level of work and the confidence of his rider: If he is in a regular program with an experienced rider, then his propensity for bucking is manageable; a timid rider and no program and his name is more appropriately “Mr. Bronc.” Mr. Wonderful is also incredibly power- ful and surprisingly fast, so if you are not an experi- enced rider his gallop can be quite intimidating. On the other hand, if you are an experienced rider and want a powerhouse to get the job done, Mr. Wonder- ful is your man. Mr. Wonderful is very sound, although he does
have a tendency to develop an annoying quarter- crack in his left front and a recurring staph infection on his back. Lily has managed both conditions suc- cessfully for several years, but knows that she has to stay on top of his shoeing and his grooming and be sensitive to the signs that either of these condi- tions may recur. In summary, Mr. Wonderful is a legitimate horse with some management issues that
60 November/December 2013
should not deter an experienced horseman, how- ever he is a disaster waiting to happen for someone less experienced. Lily places an ad for Mr. Wonderful in a horse magazine and is immediately fielding calls. Most callers are large men who are looking for that suit- ably-sized, experienced foxhunter. Yet, most callers reveal that their version of the “good life” for their horse involves six days of turn out and eating, and one day of foxhunting. “Mr. Wonderful needs to be in a program,” Lily emphasizes. The point is lost on many. Lily starts to doubt her strategy. But she is certain that if she doesn’t hold firm, selling Mr.
Wonderful to the wrong person will just mean that she is buying a lawsuit or taking him back sooner, rather than later. Horse number two, “Miss Perfect,” is a petite,
Thoroughbred-Connemara cross. She too has proven her versatility at foxhunting, cross-country events and “A” shows. She is not as scopey as Mr. Wonderful, but she is fun and easy—like a dirt bike. Miss Perfect, however, has one major flaw as a foxhunter: she is mortified by cows and large rocks that could be mistaken for cows. From a soundness standpoint, she requires regular “maintenance” joint injections as well as a standard dose of bute before and after foxhunting. Twice monthly Adequan shots seem to really help her do her job. Without such attention, Miss Perfect comes out quite stiff and “creaky” looking. The real problem with marketing Miss Perfect is that she is quite small, although for- tunately she loves children. So Lily thinks that she would suit a competent teenaged rider who is mov- ing up from a pony. Lily also places an ad for Miss Perfect in the same horse magazine, but no one calls. Several people learn about Miss Perfect through the “grapevine,” and come try her. They agree she is perfect, but are turned off either by the cow phobia or by the “mainte- nance” issues. Again, Lily is doubting her strategy and wondering if she will ever get this mare sold. Would it be better to just send both horses off to a sales barn and keep fingers crossed? Has she been too forth- coming by disclosing too much information about her horses?
☛ Turn the page for the outcome.
Bar
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100