intrusting question
 
 

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intrusting question

This is a discussion on intrusting question within the Horse Law forums, part of the Horse Resources category
  • Agreement on Intrusting Payment

 
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    10-24-2008, 03:04 AM
  #1
Started
intrusting question

Ok let's say party a has a stud, has him grazing out in a field by him self, party b comes along and put's his mare in that field (fuguly looking) knowing that she will get bred, party a did not want this to happen...after the foal is born party b gives the foal to party c......if party a does not like how the foal or now a horse is being taken care of, can that part take away the horse? There was no stud fee or sale at all of this horse
     
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    10-24-2008, 06:36 PM
  #2
Showing
Without a written agreement I don't see how the stud owner would have any rights to the foal.
I think the only recourse would be a complaint to the aspca or local agency.
     
    10-24-2008, 08:26 PM
  #3
Banned
The stallion owner should have done something the minute they found out that someone put a mare in the field without their permssion.

They had an actionable claim at that time. If the stallion owner sat on this information they are in essence stating they are satisfied with the mating of these two horses. That in effect is agreeing that the foal belongs to the mare owner.

The stallion owner could have had the mare owner arrested for tresspassing, using a service (the stallion) without payment (stud fee) and potential damages if the stallion was injured.

Now if that field was not the property of the stallion owner then that is a nuther ball o' wax !
     
    10-25-2008, 04:46 AM
  #4
Weanling
Quote:
Originally Posted by Spyder    
The stallion owner should have done something the minute they found out that someone put a mare in the field without their permssion.

They had an actionable claim at that time. If the stallion owner sat on this information they are in essence stating they are satisfied with the mating of these two horses. That in effect is agreeing that the foal belongs to the mare owner.

The stallion owner could have had the mare owner arrested for tresspassing, using a service (the stallion) without payment (stud fee) and potential damages if the stallion was injured.

Now if that field was not the property of the stallion owner then that is a nuther ball o' wax !
Spyder is right on about this. You may want to check into your states laws about this, as each state is different and laws accordingly. This type of incident would be based more on a civil matter, then a criminal matter. With the exception of the trespassing. The stalion owner in most cases would be viewed as the responsible party, therefor unless under contract, the stalion owner could negate any responsibility to the breeding, which makes registering impossible, and in some cases (depending on state) would cause fines to the mare's owner when brand inspections are completed.
     

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