Below is a selection of recent work that we have handled on
behalf of our clients:
rider contract
Over the years, the team has received an increasing amount of
instructions from clients looking to create rider contracts.
We recently received instructions from a local eventing celebrity
who had been offered a seven-year old to bring on and event, its
owner believing the horse had potential to go far but needed
experienced hands on board. The contract essentially set out
the parties’ obligations; for example, the celebrity rider is in
charge of looking after the horse, the training regime, entering
competitions, etc. The owner on the other hand will pay for
all associated fees, for example, competition, travel, vet, farrier
etc. After one year, there is an option for the rider to
purchase the horse at an agreed percentage of its open market value
(to reflect the work he has put in to increase the value) and the
rider will have first refusal if the owner decides to sell the
horse.
purchase dispute
Instructions are received on a daily basis from clients who have
sold or purchased horses from a dealer or private individual and
subsequently disputes arise whereby the purchaser is not happy with
the horse and wants it returned and his/her money refunded.
Where possible the Equine team try to settle disputes over horses
without the need to issue proceedings in court, although in some
cases this is not always possible, particularly when the case
centres on what the buyer or seller said and there is no written
contract evidencing what was said between the parties.
We were recently contacted by an individual who had purchased a
Grade A show jumper from a dealer for £25,000. The dealer
supposedly had a good reputation and so our client did not feel the
need to enter into a formal written contract for purchase.
She tried the horse and had it vetted. Unfortunately, the
horse had a pre-existing tendon injury. The stage two
vetting would not have picked this up. Within a few weeks the
horse was refusing fences. When our client personally
contacted the dealer requesting he take the horse back and refund
her money, he refused to communicate with her. We wrote to
the dealer putting him on notice that he was subject to implied
terms under the Sale of Goods Act and the horse could be
rejected. We entered into negotiations with the dealer’s
solicitor and within 14 days he had agreed to take the horse back
and return our client’s money.
The Equine team has also been instructed by a buyer of polo
ponies who wanted a bespoke contract he could use to cover him when
he purchased polo ponies so that, if the seller warranted the pony
was a six goal ride, he could return the pony and receive a
refund if the pony turned out to be less than that –
a two goal or head shy, for example.
For more information or advice on any of the issues
covered above, please contact
Mark
Charter in Blake Lapthorn solicitors' Equine
team.
