A wwyd re new horse.....

[be positive]

It amazes me that some posters (and presumably potential horse buyers) don't understand that The Sale of Goods Act covers horse sales, which by law are treated just like an inanimate object, as far as being 'fit for purpose' is concerned.

It is just not clear enough though and can be misinterpreted, most people are taking the fact a horse passes a vetting as proof it was fit for purpose at the time of sale without taking into account that a vetting is limited and to an extent can be manipulated if the horse is drugged or in some way set up to "pass" there are many things that can be done to help a slightly unsound horse feel good on the day.

I think in the case in the OP it is very likely the condition was preexisting and the dealer will have to refund and that it should be far easier to get the refund than it will probably prove to be, it certainly should not end up in court if the facts are as clear as the OP has stated.

 

[Pearlsasinger]

It is just not clear enough though and can be misinterpreted, most people are taking the fact a horse passes a vetting as proof it was fit for purpose at the time of sale without taking into account that a vetting is limited and to an extent can be manipulated if the horse is drugged or in some way set up to "pass" there are many things that can be done to help a slightly unsound horse feel good on the day.

I think in the case in the OP it is very likely the condition was preexisting and the dealer will have to refund and that it should be far easier to get the refund than it will probably prove to be, it certainly should not end up in court if the facts are as clear as the OP has stated.

That is my reading of the situation, bp, but it still concerns me that potential horse-buyers don't know their rights, nor do they seem to appreciate the ways in which horses can be set up to 'pass a vetting'. If they don't know that, how do can they recognise whether the horse is being go to a viewing with their eyes open?

 

[stormox]

But horses are different to cars, kettles washing machines etc. A car has to be fit for purpose- which is the same, whoever the buyer and whatever the car. It has to be mechanically sound and fit to be driven on roads. A kettle has to be fit to boil water, a washing machine for washing clothes.
But horses - the purposes differ with each buyer. The same horse, but someone could want it for hunting. Another person for light hacking. Yet another for dressage. So a horse that is sound enough for one job mightnt be sound enough for another.
And temperament comes into it as well. Ive yet to hear of a nappy washing machine.
So no matter how much people say 'the same law applies' - it cant.

 

[ester]

But unless the purchaser bought this horse as a field ornament it isn't fit for purpose?

 

[Pearlsasinger]

But horses are different to cars, kettles washing machines etc. A car has to be fit for purpose- which is the same, whoever the buyer and whatever the car. It has to be mechanically sound and fit to be driven on roads. A kettle has to be fit to boil water, a washing machine for washing clothes.
But horses - the purposes differ with each buyer. The same horse, but someone could want it for hunting. Another person for light hacking. Yet another for dressage. So a horse that is sound enough for one job mightnt be sound enough for another.
And temperament comes into it as well. Ive yet to hear of a nappy washing machine.
So no matter how much people say 'the same law applies' - it cant.

The law applies regardless. The vet cert should specify the purpose for which the horse was intended, so the buyer will have proof of what the horse was bought to do and the dealer must be aware of that. This horse is not fit for that purpose.

 

[stormox]

Getting a horse vetted is entirely meaningless then. You might as well buy the horse and see if it stays sound and if it doesnt send it back....

 

[Pearlsasinger]

Getting a horse vetted is entirely meaningless then. You might as well buy the horse and see if it stays sound and if it doesnt send it back....

I have often said so! I have never had a horse vetted but I don't spend a fortune when buying a horse. The vetting merely tells you what the vet can see on the day.