What is the law that governs the sale of a horse?
Horses are treated, from a legal point of view, as being goods and, therefore, the law relating to the sale of goods applies to them.
The law regards the purchase of a horse as being a purchase of an unknown quantity. As a general rule the principle “caveat emptor” (“let the buyer beware”) will apply and, therefore, the buyer will ordinarily be responsible for checking the quality and suitability of the horse before purchasing it.
As to whether the seller of a lame horse is liable will largely depend on the terms of the contract and what was said when the contract was made.
The terms of the contract
An agreement for the sale of a horse will include both “express terms” (those terms which were specifically agreed between the parties) and “implied terms” (terms implied by conduct or the law).
In an agreement for the sale of a horse it will be an express term that the seller will sell to the buyer the horse and that the buyer will pay the seller an agreed amount for the horse. In many cases nothing more may have been said by the parties at the time when the agreement was made. However, in certain circumstances the law will imply terms into the contract, for example, by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994.
Sales in the course of a business
The Sale of Goods Act 1979 implies into a contract for the sale of goods certain terms as to the quality of the goods being sold where such goods are sold in the course of a business. However, in the case of the sale of a horse because the purchase of an animal is an unknown quality a Court may be reluctant to imply terms as to the quality of the horse, unless a defect is known to the seller or is very obvious to the seller.
Where a seller sells animals in the course of a business and if an animal is sold for a particular purpose and that purpose is made known to the seller before the agreement was made and the buyer relied on the skill and judgment of the seller, then it will be an implied term of the agreement that the animal was reasonably fit for that purpose.
For more information on:
- The seller has breached one of the terms of the contract. What rights does this give me?
- Patent defects
- The seller misrepresented the condition of the horse to me. What rights does this give me?