Exam J
After a
Test your knowledge of equine law. by Attorney Krysia Nelson
Misty’s Disappearance
anie’s parents buy her a horse, “Misty,” for her fourteenth birthday. Janie loves Misty more than life itself. Janie keeps
Misty in the backyard and takes care of her by her- self, although she is able to take lessons at a stable that is hacking-distance nearby.
four year love- fest, Janie is mak- ing plans to go to college and the re- ality of what to do with Misty is bearing down upon her. Janie’s parents cannot care for Misty, nor do they want to. Janie decides to lease Misty to the Spencer family whose children also ride at the local stable. Janie goes online and finds a “Lease Agreement,” which she has Mrs. Spencer sign. The term of the lease is “indefinite,” and puts Misty’s value at $3000. Janie decides not to charge any lease fee. During Janie’s sophomore year, Mrs. Spencer runs off with the mailman and Mr. Spencer files for divorce. The Spencer children stop riding. Mr. Spencer, who is vaguely aware of Misty’s exis- tence, inquires with the head riding instructor at the stable, Karen Harsh, for guidance. Karen tells Mr. Spencer not to worry and that she will “take care” of Misty. For years now, Karen has observed and ad-
$
mired Misty. She taught Janie on Misty for at least two years. Karen believes Misty is a true uni- corn who is worth ten times her weight in gold. Meanwhile Karen is late on her rent, has a pile of credit card debt, and an unsatisfied judgment for medical bills related to a freak riding accident she had a few years back. And (let’s face it), as a riding instructor at a small local stable, she is not
80 January/February 2017
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making the big bucks. So when Karen looks at Misty after speaking with Mr. Spencer, all she sees are dollar signs. Within a few months, Karen has sold Misty down the road for $30,000.
Janie spends her
$$ $ $ $
junior year studying abroad. When she visits her parents for Christmas her senior year, she heads straight for the stable to visit her precious Misty. But Misty is gone.
The Spencers are gone. Karen is gone. Janie be-
gins a social media campaign
to find Misty, and because things like that are actually effective, within weeks Janie finds Misty several states away where she has been wildly successful competing with a teenaged girl, Nan- cy. Janie drives to the barn where Misty is kept and confirms that this is “her” Misty. She con- fronts Nancy’s parents, who produce a bill of sale from Karen. Janie is shocked. Nonetheless, she sees that Misty is thriving and well cared for and that Nancy loves her as much as Janie does. Janie has no real intention of taking Misty away from Nancy, but she feels that what has happened is wrong and that the situation needs correction.
Which course of legal action is legitimately
available to Janie? A. Janie can sue Nancy and/or Nancy’s parents
to assert/reclaim ownership of Misty. B. Janie can sue the Spencers for violating the
terms of the lease agreement. C. Janie can sue Karen for stealing Misty.
☛ Turn the page for the answer
Bar
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