What is a contract?

It is an oral or written agreement (or both) between persons that is legally enforceable. A written agreement is usually a lot more precise and comprehensive than a verbal one. A written agreement is usually more helpful if there is a later disagreement.

Some people say that a 'waiver' is not worth the paper it's written on. Is this right?

No. In all States (except South Australia) it is permissible for an adult to expressly agree not to hold another person liable in negligence for death or personal injury and, in some States, other losses as well.  Certain consumer protection laws of Victoria, New South Wales and the Commonwealth, relating to the exercise of reasonable care and skill, no longer apply to 'recreational services' like horse riding.

We already have an agistment contract. What does your horse agistment contract offer? 

Does your contract deal adequately or at all with the following matters: emergencies; veterinarian and other expenses; the legal consequences for an agistee who owes money or breaches an essential term of the contract; impounding the horse; right to detain the horse; an enforceable power of sale over the horse and any tack/float; exclusion of liability; indemnities; the responsibilities of the people who are brought onto your property by the agistee.  These matters and a lot more are dealt with comprehensively and in plain English in our contract.

At the end of the day, will your contract stand up in court, as ours will?

Why should I use a contract in transactions involving horses?

For a start, the parties are going to be a lot more focussed about their requirements, because reducing an agreement to writing normally has that effect.  The essential needs of each party are less likely to be overlooked.

Next, the parties are likely to sort out any differences in their expectations before the wording is finalised and the contract is signed.  A party is not going to agree on a written term that is unacceptable.  Matters of difference are easily glossed over in oral contracts because they are less formal.

Finally, if there is a disagreement that can't be resolved between the parties, it is a lot easier and less expensive for an independent person to determine the dispute if he or she can read what the parties have agreed on in the first place.  Otherwise, a lot of time, money and anxiety can be spent on persuading the person deciding the dispute, just what was agreed.  The terms of an agreement usually affect the parties' respective rights and obligations.

Have any of the contracts ever been challenged or tested in a court of law?

No.  They are legal documents prepared by a lawyer, so they don't have to go before a court to achieve recognition or validity.  They are comprehensive and in plain English, so the parties should never be in any doubt about where they stand in the event of disagreement about rights and obligations.

Of course, a dispute might need to be resolved by a court or tribunal if the parties can't agree on facts that are crucial to justify a complaint, for example, whether the horse suffered from a vice that was not disclosed in the Horse Sale and Purchase contract.