Veegeeay
Member
I have a horse on loan who has an injury that my vet has given a very poor prognosis for. I have taken vets advice at every stage and given all treatment necessary up to this point. The injury happened at my yard, though it is a field injury he was in my care. The horse is putting weight on his leg but is noticeably lame at walk and hopping in trot. He will rest that leg at every opportunity and struggles to get down to roll.
The vet doesn't think this horse will recover without surgery and the he is 20 years old and uninsured so this is not an option.
The only way to know whether field rest would resolve the issue is by having an x-ray done.
If this was my horse I would have decided pts. The owner initially agreed and the hunt was booked for today, she even paid the money into my account to cover the fee but at the last minute she was offered free livery for 6 months and has decided she now needs the x-ray to be sure that she is doing the right thing.
She wants me to cover the cost of the x-ray.
I understand her feelings and wanting to give her horse every chance and if the vet thought there was a possibility he would recover in the field then I would be offering to help, however that is not the case. Likelihood is he will be in pain (He is already on 2 Bute) until such time as someone makes the decision to put him to rest.
however I need to know if I am liable for paying the cost of the x-ray when if it were my horse I would have made the decision to pts.
I used the sample bhs loan contract as a template and did not change clause 5 or clause 2 (save for entering a period of 30 days). Legally I believe I am not liable, however I do not like bad feeling so want to be sure!! I have an appt this afternoon with legal advice but would like others' views.
2 TERMINATION
2.1 The loan will terminate in the following circumstances:
2.1.1 either party giving [insert number] days notice in writing to the other; or
2.1.2 if either party is in breach of any of the terms of this agreement, unless the breach is remedied within [30] days of it taking place; or
2.1.3 at the end of the Period without the need for any further notice
2.1.4 If the Horse does not fit the description given by the Owner or is not fit for the purpose required by the Borrower as set out in clause 3.3 overleaf
2.1.5 On the death of the Horse
2.2 On termination the Borrower shall be responsible for returning the Horse to the Owner.
5 INJURY/ILLNESS/DEATH OF HORSE
5.1 In the event that the Horse sustains an injury or develops an illness that will prevent it from fulfilling the purpose set out in clause 3.3 for a period exceeding 30 days the Borrower may terminate the agreement and return the horse.
5.2 In the event of the Horses death the Owner will be responsible for any euthanasia and disposal expenses.
The vet doesn't think this horse will recover without surgery and the he is 20 years old and uninsured so this is not an option.
The only way to know whether field rest would resolve the issue is by having an x-ray done.
If this was my horse I would have decided pts. The owner initially agreed and the hunt was booked for today, she even paid the money into my account to cover the fee but at the last minute she was offered free livery for 6 months and has decided she now needs the x-ray to be sure that she is doing the right thing.
She wants me to cover the cost of the x-ray.
I understand her feelings and wanting to give her horse every chance and if the vet thought there was a possibility he would recover in the field then I would be offering to help, however that is not the case. Likelihood is he will be in pain (He is already on 2 Bute) until such time as someone makes the decision to put him to rest.
however I need to know if I am liable for paying the cost of the x-ray when if it were my horse I would have made the decision to pts.
I used the sample bhs loan contract as a template and did not change clause 5 or clause 2 (save for entering a period of 30 days). Legally I believe I am not liable, however I do not like bad feeling so want to be sure!! I have an appt this afternoon with legal advice but would like others' views.
2 TERMINATION
2.1 The loan will terminate in the following circumstances:
2.1.1 either party giving [insert number] days notice in writing to the other; or
2.1.2 if either party is in breach of any of the terms of this agreement, unless the breach is remedied within [30] days of it taking place; or
2.1.3 at the end of the Period without the need for any further notice
2.1.4 If the Horse does not fit the description given by the Owner or is not fit for the purpose required by the Borrower as set out in clause 3.3 overleaf
2.1.5 On the death of the Horse
2.2 On termination the Borrower shall be responsible for returning the Horse to the Owner.
5 INJURY/ILLNESS/DEATH OF HORSE
5.1 In the event that the Horse sustains an injury or develops an illness that will prevent it from fulfilling the purpose set out in clause 3.3 for a period exceeding 30 days the Borrower may terminate the agreement and return the horse.
5.2 In the event of the Horses death the Owner will be responsible for any euthanasia and disposal expenses.