As title !
As far as I know that would happen anyway, in the event of say a broken leg, the owner would not have to give permission and the vet would act immediatelyUnless you go to a solicitor and have a loan agreement drawn up formally and where both parties have signatures witnessed etc etc, then nope not worth the paper they're written on (and even if you DID go to the expense of solicitors, having something written down and having something which is actually enforceable by law, are two totally different things).
However, IME it is always better to have something written down; and the ONE thing that IS important in any loan agreement is the "euthanasia clause" where you choose a form of words that says something like "the owner authorises an attending veterinary surgeon to put the horse to sleep immediately by humane means if he/she deems it essential to prevent further suffering, without owner being present". Awful to have to think of it, but essential.
Unless you go to a solicitor and have a loan agreement drawn up formally and where both parties have signatures witnessed etc etc, then nope not worth the paper they're written on (and even if you DID go to the expense of solicitors, having something written down and having something which is actually enforceable by law, are two totally different things).
But as a clear guide to set out expectations from both parties then most definitely.
Things can and still go wrong, but you reduce the risk and mis-communication by having one.
that may be the case but it is good if the loaner has that in writing so there is no query afterwards .. some owners may want to try and save their horse at all costs and sometimes broken legs can be mended, i would have hated to be in that position if the owner couldnt be contacted and i didnt know what their views would be...As far as I know that would happen anyway, in the event of say a broken leg, the owner would not have to give permission and the vet would act immediately
This.Just so that all parties concerned knew where they stood and we had it all on paper in case someone forgot what was and wasn't their responsibility etc.
Oh I think you could strongly argue that there was offer acceptance and consideration in a loan agreement.The required elements for a contract to be legally binding are very rarely in place when a horse is loaned. Usually it it simply a written agreement that is drawn up.
The required elements for a contract to be legally binding are very rarely in place when a horse is loaned. Usually it it simply a written agreement that is drawn up.
ANY agreement, verbal or written, is legally binding. The problem if it's not written and signed is proving that it ever took place.