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Discussion on Equine Disputes | |
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Posted on Monday, Apr 10, 2000 - 6:45 pm: Anyone knowing of any disputes involving horses, equines, the horse industry, suppliers, governmental entities and horse associations or organizations please let us know about them. Thank you. |
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Posted on Wednesday, Apr 19, 2000 - 8:00 pm: Jo,In all practicality, I think you are stuck. The cost of pursuing a legal solution probably precludes doing anything, even if you have an iron clad breeding contract in hand. If you have a contract and a friend or family member that is a lawyer, a letter reminding the stallion owner of the terms of the contract on lawyer letterhead may help secure a refund, less any fees incurred. You can write a formal complaint to your state's better business bureau, the stallion's breed association, etc. I don't think this will do anything but make you feel better. I would very factual and not inflammatory in this type of letter. Most stallion owners depend on word of mouth and a good reputation - with AI there are so many stallions to choose from, that it is important to try to make a client happy. I remember reading that on average, an unhappy customer tells between 10 and 20 people his story, a happy customer tells less than 5 people and an unhappy customer that is made happy tells the most people! Any way, I'd make a good faith effort to evaluate the stallion you are offered a breeding to. If he didn't suit my mare, I would investigate the "lawyer letter" and ask for a sum slightly less than what I paid (breed fee less booking fee and any costs for collection, AI containers, etc.) as a fair settlement. Good luck. Hope something works out in your favor. |
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Posted on Thursday, Apr 20, 2000 - 5:36 pm: Was there any kind of written agreement involved? |
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Posted on Thursday, Apr 20, 2000 - 5:41 pm: Christine,Although I share you cynicism relating to the adminiatration of justice in our legal system, I really wish equine persons would use mediation/arbitration clauses to "courtproof" their agreements. The one I recommend is available at www.equinedispute.org under sample mediation contracts. gg |
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Posted on Thursday, Apr 20, 2000 - 6:26 pm: Gerald,Heh,heh. I felt I was being pragmatic rather than cynical, GRIN. I guess I assumed the breeding fee was somewhere between $500 and $1500. For that amount, even if settled in claims court in favor of the broodmare owner, the cost of proceedings is there and the collection of the award can be a challenge. If the breeding was to a very high priced stallion, I'd have a different view. Your suggestion for using a mediation and arbitration clause is a very good one. Many folks still don't use a contract or bill of sale, which is dangerous. Cheers. I really wasn't trying to lambaste the legal system. |
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