Dogs at Agistment Centres

A British court recently ordered the owner of a livery yard (agistment centre) in England to pay the owner of a mare £7,000 (roughly $14,000) compensation for injury that the mare sustained when attacked by 2 dogs belonging to the yard’s owner.  The mare was being led in from a field when the dogs chased…

An Idle Paddock and Horse Mowers

Your few acres lie idle and the grass needs slashing regularly.  Someone has asked to agist their horse on the land which would help with the grass problem, but you are concerned about your liability: What if the horse is harmed, the horse escapes and causes an accident, or someone riding the horse is injured? …

Agistees and Semen Suppliers

Two unrelated matters are worth addressing this month.  Firstly, whether an agistee needs to register his or her ownership of a horse under the Personal Properties Securities Act 2009.  Second, the liability of a breeder to pay 2 service fees to a semen supplier if one insemination should result in twin embryos transferred into 2…

Fire and agisted horses

In the aftermath of recent devastating fires in Victoria and South Australia, it’s timely to look at the legal duty of care of people managing other peoples’ horses, such as agistment businesses. Horse properties are, every summer, at chronic risk from bush, scrub and grass fires or a combination of them. Fire and its impact…

Property Identification Codes

If we assume that horse owners and people with custody of horses (like agistors) owe a duty of care to other horses owners (for the owner’s and the horse’s welfare) to eliminate and reduce the risk of contagious disease outbreaks like Hendra virus and Equine Influenza, it is important that they be made aware of…

Outstanding agistment fees

Every agistment centre owner (agistor) will at some stage have a bad debt due from an agistee.  So what does he or she do about it? Before giving the agistee time to pay a debt (assuming the agistor is willing), it’s a very good idea to have the agistee acknowledge the debt (setting out how…

Selling a horse to recover debt

Can an agistor sell an agistee’s horse to recover a debt owing in respect of the horse? As a general rule, the agistor can not sell the horse if he/she does not own it, unless the agistee has appointed the agistor his/her agent to sell the horse or the agistor consents to the sale.  This…

Making demands

The usual first step on the path to legal action against someone who you think has done you wrong is to make a ‘demand’ on that person. A legal demand sets forth those facts which, from a legal perspective, give rise to a liability for the wrong to you and demands an amount of money…