[Legal aspects of veterinary examinations of horses at purchase with regard to the new high court decision and prevailing dogma].
Abstract: The existing statutory provisions in connection with the seller's liability for defects of a horse are nowadays unsatisfactory. This has led to an increasing number of cases in which veterinarians have been held liable for the purchaser's damages resulting from an incorrect or incomplete veterinary examination at point of sale. Courts have recently imposed extensive duties of care on the veterinary. He has not only to detect and disclose every minute defect of the horse, but has to give a prognosis of the development of the horse's healthiness and its future capability to meet the purchaser's requirements. If he feels himself unable to give such a prognosis under the circumstances of the particular case he has to state this explicitly. The risks of liability can be minimized by using carefully drafted contracts.
Publication Date: 1987-01-01 PubMed ID: 3321563
The Equine Research Bank provides access to a large database of publicly available scientific literature. Inclusion in the Research Bank does not imply endorsement of study methods or findings by Mad Barn.
- English Abstract
- Journal Article
- Review
Summary
This research summary has been generated with artificial intelligence and may contain errors and omissions. Refer to the original study to confirm details provided. Submit correction.
The research discusses the legal aspects of horse examinations by veterinarians during buying and selling processes, looking at the recent court rulings and their implications on the vets’ responsibilities and liabilities. It addresses the issue of vets being held responsible for any undisclosed health issues of the horse at the point of sale.
Current Statutory Provisions for Horse Sale Defects
- The research brings to light that the existing laws relating to sellers being accountable for any defects in a horse during the time of sale are inadequate.
- There is a rise in cases where vets are blamed and held answerable for the purchaser’s damages resulting from a faulty or incomplete horse examination at the time of sale.
Recent Court Rulings and their Impact
- The courts have imposed extensive care duties on the vets during these examinations.
- Not only are vets required to uncover and reveal every small defect in the horse, but they are also required to provide a prognosis of the horse’s future health and ability to fulfill the buyer’s needs.
- If a veterinarian feels unable to provide such a prognosis, they are obliged to state their inability explicitly, suggesting an increase in vets’ liability and their responsibility in a horse’s sale.
Reducing Liability Risks
- The research suggests that the risks associated with liability can be reduced by creating thorough and carefully drafted contracts.
- These contracts can clarify the vet’s responsibilities and liabilities at the onset, thus protecting them from any undesirable legal implications arising from an uninformed horse examination.
Cite This Article
APA
Fellmer E.
(1987).
[Legal aspects of veterinary examinations of horses at purchase with regard to the new high court decision and prevailing dogma].
Tierarztl Prax, 15(3), 275-279.
Publication
Researcher Affiliations
MeSH Terms
- Animals
- Horses
- Jurisprudence
- Physical Examination / veterinary
- Veterinary Medicine
Citations
This article has been cited 0 times.Use Nutrition Calculator
Check if your horse's diet meets their nutrition requirements with our easy-to-use tool Check your horse's diet with our easy-to-use tool
Talk to a Nutritionist
Discuss your horse's feeding plan with our experts over a free phone consultation Discuss your horse's diet over a phone consultation
Submit Diet Evaluation
Get a customized feeding plan for your horse formulated by our equine nutritionists Get a custom feeding plan formulated by our nutritionists