Exam A
Test your knowledge of equine law. by Attorney Krysia Nelson
No Good Deed Goes Unpunished
n older and mostly retired trainer, “Mel,” is still in the business of buying and selling horses. He and his middle-aged daughter usually buy low-dollar
prospects and train them to resell as reasonably-priced trail horses, foxhunters and low-level show horses. Known for their good eye and honest business practices, they are fairly successful and well known in their region. A couple, Tom and Harriet, were old friends with Mel
and approached him about buying a “bomb proof” foxhunter for Tom to ride, since his long-time and trust worthy foxhunting part- ner had recently died. Mel, familiar with his old friend’s riding abilities (or lack thereof) and frail health, knew that he had the perfect horse. “Sam” was just the ticket and perfect for Tom in every way: safe and reliable—exactly the horse you would put your frail grandmother (or in this case grandfather) on. Tom and Harriet paid $10,000 for “Sam” (which was a bargain considering the horse was worth his weight in gold) and took him away in their trailer. The next day, Mel mailed them a Bill of Sale with an “as is” clause disclaiming all warranties in connection with Sam, and asked them to sign and return a copy to him. They never did. Two months later Harriet contacted Mel. Tom had fallen and broken his hip and would not be riding again soon, if ever. As a result, Harriet had taken over riding Sam and she was unhappy. Sam did not suit her at all and she wanted to bring him back and get a refund of their money. Mel wanted to accommodate his old friends. He
was disappointed at Tom’s injury but totally understood Harriet’s “issue” with Sam. Sam was a perfect “husband” horse, but he lacked the looks and spirit that he knew Harriet (who was younger than Tom and a better rider) sought in a foxhunting mount. Yet, Harriet was still an elderly lady and although relatively spry for her years, was rather frail and not a particularly strong or accom- plished rider. What she needed was a better looking and younger version of “Sam.” Mel was concerned that if he didn’t agree to find Har-
riet a suitable horse, she would get “taken” by the first scoundrel who crossed her path. There was also the fact that he didn’t want to have to give them back the $10,000 they had already paid for Sam. So he agreed to replace
56 November/December 2015
Sam with a horse suitable for Harriet: “Don’t worry old friend. I’ll find you the perfect horse.” Mel might well have taken on mission impossible.
Harriet proved impossible to please. This one was too tall; that one was too small; that one had an ugly head; this one was too lazy. Too green, too boring, too young, too old: It was looking like there wasn’t a horse on the planet that would please Harriet…and then along came “Perfect Ted.” Maybe the name had something to do
with it, but Harriet fell in love with “PT” at first sight. A tall and handsome horse, PT had a great mind and some good mileage. He was well broke and easy to ride, but there
was a catch. PT had never been foxhunting and he was only six years old. It was the end of summer, and although Mel’s daugh-
ter had taken PT on several group trail rides where he had behaved like a perfect gentleman, Mel knew from experience that not every horse takes to foxhunting like a fish to water. He urged Harriet to leave PT with him for another month so that his daughter could try PT in the hunt field, but Harriet was determined! She pronounced that she was an experienced rider and she knew what she was doing, and she just had to have this horse. With some trepidation, Mel sent PT home with Harriet—fin- gers crossed! Mel, now far removed from Tom and Harriet’s farm,
was oblivious to the fact that they decided to take a long beach vacation before the start of the fall. Off they went to enjoy the surf, leaving their horses under the not-so- watchful eye of a neighborhood teenager who came twice a day to feed, water, muck out and turn out. PT and his new owners had a glorious two week vacation! Of course, when Tom and Harriet returned home to
the farm, they realized that PT had lost a shoe and the neighborhood teenager hadn’t noticed. Harriet called the farrier, who couldn’t come out right away. PT’s foot had gotten pretty torn up in the meantime, and by the time the farrier got there, PT had developed a pretty bad quar- ter crack and was lame. The farrier and the veterinarian were consulted, and Harriet was told not to ride PT for the time being, or at least until he was sound (which probably wouldn’t be until PT grew some new hoof). Harriet was
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