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Livery and Stabling Contract Disputes

 

Many people who own horses do not have the facilities or time to take care of the horse themselves on a continuous basis, and will enter into a contract with a livery stable which will look after the horse on their behalf.

Depending on the range of services and facilities offered by the livery stable, livery fees can be very substantial. Because of this, many horse owners will be keen to get exactly the service that they are paying for. When the livery stable fails to meets the obligations under the contract and fails to provide an adequate level of service it will have breached its contract. In breach of contract claims, the horse owner is entitled to recover all losses which flow from the breach. As well as compensation for the difference between the value of the service which the owner was offered and the service which was delivered, the horse owner will be able to claim compensation for any damage which is caused to the horse as a result of the livery stables failure in service standards.

Breach of contract is a complicated area of law which often involves a detailed consideration of past legal precedents and the application of convoluted rules of construction and interpretation. In many cases there is no dispute about the facts, but there is substantial disagreement of the correct interpretation and application of the contract. Whilst is possible for a party to an equine law contract dispute to represent himself, it is certainly not advisable and legal assistance should be sought from a specialist contract solicitor.

There are a small number of contractual terms or provisions which are most likely to result in a contract dispute:

• Exercise and training – keeping a horse properly exercised can be difficult and time consuming, and for many horse owners, this is a very important part of the service which they expect the livery stable to provide. A failure on the part of the stable in this regard can have serious consequences, particularly where the horse is for racing.
• Routine veterinary provision – is the livery stable responsible for arranging routine veterinary visits, vaccinations and check-ups? If this is required by the contract and your horse falls ill as a result of the livery stable breaching this term, you will be able to claim damages.
• Emergency veterinary provision – what responsibility does the livery stable have for monitoring your horse for signs of illness, and what action is it expected to take in an emergency. If your horse falls ill whilst in the care of a livery stable and the stable does not comply with its contractual obligations to summon a vet, you will have a claim for breach of contract
• Security – horses are valuable assets. Many burglars will ignore gold and jewels and opt instead to go straight for horses. Livery stables should make sure that horses in their care are kept safe and secure. If your horse is stolen from a livery stable, you may be able to make a claim against the stable for breach of contract.

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