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-   -   Loaned pony has a foal, HELP!! (http://www.horseforum.com/horse-law/loaned-pony-has-foal-help-40603/)

LettyLovesPoniesx 11-15-2009 12:42 PM

Loaned pony has a foal, HELP!!
 
Hey i really need your help because my best friend, Jemma, is sooo so upset and this is because shes being forced to hand back her loaned pony of 5years (Lucy) back which is bad enough without having to deal with them now wanting Lucy's foal, Charlie, who is i think is 5months? Can they do this? Lucy got pregnant by accident though, she escaped out her field and found some stallion up the lane and thus got preggers! But please help because I want to help Jemz..x Ty x
-Erin (:
-Oh and i don't know if the fact that shes fully loaned ( i think ) and Charlie was like born at Jemma's yard and not Lucy's owners helps ?

LoveMyDrummerBoy 11-15-2009 12:59 PM

That sucks, but even though she leased lucy forever, the real owners still take priority and get to make the ultimate choice.

Before I got my horse now i leased a chestnut mare for about nine months. After that her owner wanted to breed her and i had to stop leasing her.

Nonetheless, i still feel really bad for your friend because losing any horse is hard :(

nrhareiner 11-15-2009 01:14 PM

That would be an issue to discuss with an lawyer as each area state city and jurisdiction will be different.

bubblegum 11-15-2009 01:42 PM

i would say that at the end of the day they have all rights over the horse and the foal as the foal came from their horse.

LettyLovesPoniesx 11-15-2009 01:53 PM

-LoveMyDrummerBoy -> Yeah I suppose,Awwhh no! thats not fair. :( Thanks for the reply and advice x
-nrhareiner -> Thank you, Hopefully Jemma wil try that! x
-bubblegum -> Thanks for response, You are right, but hopefully they will maybe change their mind. x

Also ,I dont wnt Charlie to go because Jemmas such a kind person and she loves him to bit and i dont think Lucys owners are very nice and I think Charrl would be wasted imencely! :(

ilovemyPhillip 11-15-2009 05:37 PM

Legally, yes. They can take him; but if you get Lawyers a Judge and a court invovled, maybe they'll back off. Lawyers cost a pretty penny ;)

themacpack 11-15-2009 05:50 PM

Quote:

Originally Posted by ilovemyPhillip (Post 461991)
Legally, yes. They can take him; but if you get Lawyers a Judge and a court invovled, maybe they'll back off. Lawyers cost a pretty penny ;)

Which will go both ways - if the OP's friend decides to try and pursue this legally they may be out a pretty penny and the horse as, legally, they have no claim to the foal.

Spyder 11-15-2009 07:32 PM

The foal goes to the owner for a fewreaasons.

First it is obvious ( but you could ask) the mare was not leased or loaned as a broodmare with the expectation that your friend will be breeding her. There are very specific clauses that would be in any agreement involvinmg breeding.

Second the mare owner could actually sue your friend for the mares pregnancy (even though it may or may not have been an accident). Not only that but the stallion owner could sue if as you say it was the mare that got out. That would be negligence on the mare owners part (or who is in custody of the mare).

Three since it is your friends responsibility that the mare got pregnant she should bear all the cost of caring for the mare until foaling and as you said it was born on your friends place where it should be. If it were returned to the mare owner while pregnant then they could sue your friend for all the medical costs.

If I were you, tell your friend to consider the foal as evening out the scoreboard and I would get the original mare owner to sign a waiver that nothing further will be done and that the loan/lease agreement has been terminated with all parties agreeing no action will be taken.

ChingazMyBoy 11-16-2009 04:32 AM

Excellent post Spyder! I agree with Spyder in this one. No need for the hug though Spyder, I don't like cobwebs.

lillie 11-16-2009 05:11 AM

this is an interesting one! did they have a formal loan agreemant? i think it might be argued by a solicitor that if the owners didnt specify no breeding, the foal might be termed as your friends. do you have an equine insurance policy -- some of them have free legal advise, which might help you. i personally agree with the people who say try to reach a friendly agreement with the owner, but it may be a good idea to get some leagal advice prior to that, just to know where your friend stands. do you know why the owners are now wanting thier mare back- is it specifically because they know she has had a foal while at your friends?


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