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-   -   Who's responsible (http://www.horseforum.com/horse-breeding/whos-responsible-65625/)

Poco1220 09-25-2010 03:07 PM

Who's responsible
 
**Note! This is NOT my stallion we are talking about, this is something I was asked by a friend online and wasn't sure on so I figured you guys would be the best to ask**

A friend of mine is also a stallion owner. She boards her stallion at another farm, not on her property. He is in a dry lot with safe fencing and electric fence along the edge with no adjoining fence lines to any mares.

Recently another boarder who's mare had been getting increasingly fat was moved out of the barn to another facility. Through the grapevine she had heard that the mare was pregnant and due any day which is why she was moved.

The mare's owner was in charge of morning and evening feedings a few days a week meaning she was often alone at the farm quite often. The owner had mentioned a few times that she wanted to breed her mare but could never afford the stud fees so my friend, the stallion owner, obviously said no.

Now she's about 99% certain that the mare was bred by her stallion without her okay. She questioned the mare owner who admitted it is her stallions foal and is now claiming that her mare had gotten loose and somehow in the stallions pen (without hurting a single fence, gate, or herself mind you... hmm....).

My friends question is: Is the mare's owner now responsible for paying the stud fee? Can the stallion owner sue? or take the foal upon weaning?

It's really often we hear of the stallion owner being responsible because their stallion got loose, but now I'm curious as to what rights stallion owners have should the mare either get loose or get put in to breed without owner knowledge!

Amarea 09-25-2010 03:12 PM

This sounds oddly similar to this thread: http://www.horseforum.com/horse-bree...*-drama-65214/ ... VERY similar...

Poco1220 09-25-2010 03:15 PM

Yea I saw that thread which is what made me think to ask you guys. Since you never get any information on who's responsible if it's the MARE that escapes or the mare owner instead of the stallion owner being responsible.

NdAppy 09-25-2010 03:21 PM

I think she needs to discuss it with a lawyer.

I have heard of things similar, that if it was proven that the mare owner intentionally stole a breeding then the MO is responsible to pay for the cost of the stud fee, etc.

But like I said, your friend's best bet is to get a lawyer if she wishes to pursue it.

VelvetsAB 09-25-2010 03:23 PM

DNA checking when the foal is born is a good idea. If it is that studs baby, then the mare's owner should be coughing up the stud fee IMO.

ShutUpJoe 09-25-2010 03:26 PM

How much is your friend out money wise if the foal is the studs?

Poco1220 09-25-2010 03:27 PM

I went thru something similar to this with the foal I posted a picture of but I still owed the barn owner about $400 for something else tland she agreed we would call it even since she got a foal. Good deal all around :)
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Poco1220 09-25-2010 03:28 PM

Shutupjoe - about $750
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smrobs 09-25-2010 03:32 PM

I agree with talking to a lawyer. Only one of them would be intimately familiar with the laws and courts around your area. We could throw out some speculation and guesswork but that would be all it was. Me personally, I would see what kind of colt the mare threw and if I liked it, go for the colt, if I didn't, go for the stud fee.

ChevyPrincess 09-25-2010 03:36 PM

Well, I would say she (if proven the studs foal) needs to pay the stud fee. I don't think the baby would be taken away, as, in a normal case anyway, they are paying for the baby. It's seems way more of a hassle than just to owe up the money.

Did your friend have any kind of contract on the matter, like stating that by keeping the mare there, the stud fee would HAVE to be paid in order to breed to that stallion?


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