I think it would be next to impossible to prove that the breeding was not an accident. It all comes down to heresay. Stud owner claims she wanted but could not afford a breeding, mare owner claims the mare got loose, yadda yadda. I think it would be worth more than $750 in legal fees to get the whole mess straightened out.
Is the resulting foal eligible for registration? The stud owner will have some leverage if the mare owner wants to register.
Yea that's kind of what I told her all in all. But it still upsets me that if a stallion gets loose and breeds a mare the stallion owner is automatically responsible. But if a mare takes down a fence to get to the stallion (which happens more than people know) suddenly nobody is responsible and it's a big argument. :(
Well I would be royally ticked if as the stallion owner if this was done on purpose, not sure how I'd handle this situation, probably just suck it up and move on and find ways to prevent this type of thing in the future. Mostly because, like was said, it's all hearsay.
Technically it would be the mare owner's fault if the mare got out and got bred, BUT the mare owner is the one that suffers when they end up w/ a potentially unwanted foal. The stallion owner may see themselves out the stud fee, but if it was an accident, that's probably not a stud fee they were going to get anyway and no one is happy. I'd be very unhappy and ticked if my mare ended up bred, I don't care who's to blame (but blame will go where it should, if it's my fault I'll own up to it). Now when registration is involved, if it's the stallion owner's fault they should sign the papers, if it's the mare owners fault they should have to pay the stud fee to get papers.
Now there is a difference between an accident and an owner slipping their mare in w/ the stallion when no one is around (I wasn't there, but it sounds like that may be the case here).