Loaned pony has a foal, HELP!! - Page 2
 
 

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Loaned pony has a foal, HELP!!

This is a discussion on Loaned pony has a foal, HELP!! within the Horse Law forums, part of the Horse Resources category
  • Legal rights on loaning a pony

View Poll Results: Can Lucy's owners take Charlie?
Yes 14 73.68%
No 2 10.53%
Not sure 3 15.79%
Voters: 19. You may not vote on this poll

 
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    11-16-2009, 01:43 PM
  #11
Green Broke
Well they can definitely take Lucy away and the foal unless the stallions owner says something about it but it is more likey that Charlie will have to go with Lucy
     
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    11-16-2009, 04:17 PM
  #12
Showing
Foals belong to the owners of the mares who give birth. Period.

If your friend KNEW Lucy got out and went roaming, she should have had her ultrasounded and flushed. That was her responsibility as the lessee, because unless she leased the mare specifically to breed her, there was no reason for Lucy's pregnancy to be allowed to go to term.

Y'all can caterwaul all you want about how it's 'not fair', but if I was Lucy's owner I'd have been LIVID when I found out about a foal I never agreed upon.

The owner is within their rights to sue your friend for breach of contract, as well as for endangering the life of their horse by letting an unplanned, unsought for pregnancy go to term.

The stallion owner can also sue your friend for the stud fee, if they're so inclined.

I wouldn't let your friend lease a sea monkey from me, much less a horse. She's obviously not responsible enough.
     
    11-17-2009, 03:34 AM
  #13
Lis
Yearling
Speed Racer is right, the mare doesn't belong to your friend and I assume the agreement had a clause saying the owners could take her back at anytime which would include the foal as it belongs to the mares owner. Your friend could offer to buy the foal but she has no legal right to it and I wouldn't advise legal action as she could lose and lose a lot of money.
     
    11-17-2009, 05:58 AM
  #14
Foal
Also, could I just ask what country is this in? Just want to say, in case my first post was confusing; I certainly don't think your friend could sue, but get advise from a solicitor to see how things legally stand. It's always best to come to a friendly solution!!! Could your friend offer to buy the foal, it's going to be ready for weaning soon anyway?
     
    11-17-2009, 11:32 AM
  #15
Trained
I agree with SR. My first thought when I saw this thread was how absolutely furious I would be if I leased a mare out and found out however many months later that she was bred and had a foal. It's almost worse because it was accidental.
     
    11-17-2009, 02:41 PM
  #16
Foal
Can I just say in reply to speedracer that my friend jemma is in tears after reading your reply about how you wouldnt lease a seamonkey to her well for information I didnt think it was nessicary to state our ages as this isnt that type of site! But Jemma is 12 years old and has loved dear lucy for 5years and had grown up with her and lucies owner were neglecting her before Jemz had her! Also I would like to point out there was no contract just a 'friendly' agree to take lucy for the summer (5years ago) and they never wanted her back! So Jemma and her family carried on looking after her AND paid for everything when nobody wanted little lucy! It was no way anybodys fault for Lucy escaping as she jumped over a 4ft fence ( not electriacal tape fence ). Nobody knew untill it was too late to terminate the pregnancy because they just thhought that she had escaped ! Jemma has always been in contact with lucys owners as they are 'friends' they now want lucy back for thier daughter to ride.
I also don't think it's very fair to say that they are within rights to sue Jem & her family when Lucy's owners should have been sued for neoglect !

I'm sorry but this is how I feel because you may think that Jemmas 25 and Lucy is some 16.2 showjumping horse ! She is a 12hh average child pony with some quirks as they do have!
I'm aso sorry if my spelling is bad but im only 14.
- tnx for your replys and opinions eveyone x has helped
     
    11-17-2009, 03:56 PM
  #17
Weanling
SR was just being to the point. Jemmas parents should have gotten transfered to their name. As it is they have No rights to that pony or foal. And yes the owners could easily have a winning lawsuit.
Point of the matter is no matter how long she has had the pony and cared for it the people with her papers and brand inspection own her. Not your friend.
     
    11-17-2009, 04:21 PM
  #18
Trained
There seems to be a little bit more to the situation than originally posted. I apologize if I came off a bit harsh before, but the end result is the same.

I'm sorry your friend has to go through this, but you should both chalk it up to a learning experience. No papers, bill of sale, contract, etc means the horse (and foal) belong to the actual owner.
     
    11-18-2009, 09:50 AM
  #19
Banned
Quote:
Originally Posted by LettyLovesPoniesx    
It was no way anybodys fault for Lucy escaping as she jumped over a 4ft fence ( not electriacal tape fence ). Nobody knew untill it was too late to terminate the pregnancy because they just thhought that she had escaped !
Um.... so.....

The pony jumped out of a 4' fence, ran somewhere there was a stud, jumped in there, was bred by the stud, jumped out of there and was found loose running around?

Otherwise someone had to know that the pony could have been bred and should have done something about it.

And yes, it is still their fault that the pony jumped out of a 4' fence. We are responsible for the animals in our care. Even when they go above and beyond to make our lives difficult.
     
    11-18-2009, 11:07 AM
  #20
Showing
So it was Jemma's PARENTS who were at fault then, not an underage child.

Regardless, my answers stay the same. I wouldn't lease anything of mine to people who are so obviously irresponsible and negligent.

Yes, it IS their fault and responsibility that the pony got out and subsequently got pregnant. It may have been an 'accidental' pregnancy, but RESPONSIBLE people would have had the vet out and flushed the mare just in case.

You can say what a meanie doody head I am, but the law is with the owners of the animal and not the people who leased her, and who subsequently did such a crappy job of keeping her safe and out of harm's way.

The law is also with the stallion owner, who could sue for a retroactive stud fee. Whether they will or not, is entirely up to them.

I get sick of people who whine about 'not my fault' when it clearly IS their fault. Whatever happened to personal responsibility?
     

Tags
legal, loaned, pony, pregnant

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