Analyze Diet

[Veterinary examinations of horses during purchase transactions].

Abstract: Veterinary examinations of horses on the occasion of sale or purchase take place on the basis of contracts for work and services. Three types may be distinguished: Examinations for sale (by order of the seller before the sales contract is concluded) Guarantee examination (by order of the buyer after conclusion of the sales contract) (Real) purchase examination (under a conditional contract of purchase). In the latter case the veterinarian acts as trustee for both seller and buyer and is equally obliged to both parties morally and at law. The deficiencies of the law of warranties for contracts of purchase of horses have led to the situation that more and more purchasers try to shift the risk to the veterinarian by ordering a comprehensive examination of the horse. In the light of several new court decisions the veterinarian bears a substantial risk of liability in those cases. The veterinarian is not only obliged to discover every irregularity in the health of the horse and to inform his customer accordingly; furthermore he has to inform his customer about the risks resulting from any irregularity he might have found. On the other hand the veterinarian is not obliged to make a binding prognosis of the future capabilities of the horse. The limitation period for claims of damages in case of inaccurate statements and opinions on the horse's health, which result from the veterinarian's negligence, is 30 years. The veterinarian can restrict his liability as to the limitation period and as to the maximum amount of liability. This can be done by employing standard form contracts.(ABSTRACT TRUNCATED AT 250 WORDS)
Publication Date: 1990-04-01 PubMed ID: 2184804
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 article explores the roles and risks of veterinarians during the sale or purchase of horses, focusing on their legal and ethical obligations to both the seller and buyer.

Categories of Veterinary Examinations

  • The paper identifies three types of veterinary checks during horse transactions. These include examinations for sale done by the seller before the contract is signed, guarantee examinations which are carried out by the buyer after the agreement has been made, and purchase examinations under a conditional contract involving both parties.

Veterinarian as a Trustee

  • It highlights that the veterinarian, in the case of a real purchase examination, acts as a trustee for both the buyer and the seller. This means they owe legal and moral obligations to both parties, requiring them to be fair and impartial in their evaluation.

Risks to Veterinarians

  • The paper discusses that due to loopholes and issues in the law of warranties for purchasing horses, buyers are increasingly placing the risk onto the veterinarian by ordering comprehensive horse examinations. This places a significant liability risk on the veterinarian.
  • Moreover, the veterinarian has the duty to identify all health-related issues with the horse and to inform the buyer of any risks that could result from these irregularities. However, they are not responsible for making any binding future predictions about the horse’s capabilities.

Legal Recourse and Veterinarian’s Liability

  • The article points out that in cases of inaccurate statements or opinions on the horse’s health resulting from negligence, the limitation period for claims of damages is 30 years. Veterinarians can restrict their liability regarding this period and the maximum liability amount by using standard form contracts.

Cite This Article

APA
Fellmer E. (1990). [Veterinary examinations of horses during purchase transactions]. Berl Munch Tierarztl Wochenschr, 103(4), 125-132.

Publication

ISSN: 0005-9366
NlmUniqueID: 0003163
Country: Germany
Language: ger
Volume: 103
Issue: 4
Pages: 125-132

Researcher Affiliations

Fellmer, E

    MeSH Terms

    • Animals
    • Horses
    • Jurisprudence
    • Physical Examination / veterinary
    • Veterinary Medicine

    Citations

    This article has been cited 0 times.