Equine Law

Equine law can be defined as the practice of law that involves all types of horses, horse-related activities, horse businesses, horse organisations and horse facilities.  For instance, Equine law includes buying and selling, breeding, agistment, leasing, liability incurred by owners, trainers and riders.  Ocean Blue Legal can assist with the drafting, review and negotiation of contracts used by both equine professionals and non-professionals.  Like any area of law, it is beneficial to choose a lawyer with extensive equine law experience and who is familiar with equine-related issues.  Firsthand knowledge means at Ocean Blue Legal, we are able to talk to our clients with an understanding of horse-related issues.  Our Principal Lawyer has been involved with horses her entire life and presently owns and trains Andalusians in the discipline of Classical Spanish Dressage.

We offer legal advice and practical assistance to our clients, in the areas of:

• Buying and Selling, locally and internationally
• Leasing
• Transport Matters (including the drafting of cartage terms and conditions)
• Training and Agistment
• Breeding, Embryo Transfer
• Waivers and general Equine legal advice
• Disputes
• General contracts
• Personal Property Securities Registration
• Insurance

As with all areas of law, it is important to seek informed advice prior to entering a contract.  For instance, the law of contract and misrepresentation apply to the sale of horses regardless of whether the seller is conducting a private sale or is in the business of selling horses.

Often, standard contracts are utilised by parties to an agreement, without consideration for each party’s particular requirements and circumstances.  Further, standard agreements commonly do not include basic terms such as whether a sale is subject to a veterinary inspection and whether a deposit is refundable if the veterinary report is not satisfactory.  We can assist you by providing a well drafted contract tailored to your needs, or simply assisting with amendments and additional clauses to a current contract.

For instance in a sale contract, from a seller’s perspective, we can assist you to describe the horse for sale, in a manner that can be factually evidenced.  In our experience, disputes commonly relate to representations that are not accurate.  For example, whether the horse is in fact fit for dressage, eventing or jumping, as advertised.  We can assist sellers to exercise skill and judgment in the sale, avoiding any inadvertent misrepresentations of the horse, that cannot be relied upon.

From the buyer’s perspective, care should be taken to thoroughly understand what terms within the contract they are agreeing to.  Often contracts can include provisions that assist in limiting the effect of any representations to those set out in the contract, limiting any recourse of the buyer against the seller.

It is also common for contracts to remain silent as to when title to the horse passes from the seller to the buyer, who bears the transport costs and what happens if the horse is injured during transport.

We not only understand the law pertaining to horses, but with personal knowledge within the equine industry, we also understand the practical issues that often arise.