Equine Law Blog

The Well-Written Contract Was Breached – What Next?

We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options:

• Read the contract carefully. Maybe there was no violation after all.

• If the violation appears to be of a serious or time-sensitive nature -- such as a lessee of a show mare signing a breeding contract to breed the mare, without permission, weeks before the lease expires or the lessee neglecting the horse – immediate legal action might be warranted such as a lawsuit demanding that a court of proper jurisdiction issue an injunction to stop the complained-of conduct and restore possession to the non-breaching party. To protect our clients, legal action of this type requires us to take swift action with proper briefing and advocacy in court.

• Depending on the circumstances, a lawyer’s letter might remind the other party of his or her obligations, such as a reminder to honor a sales contract’s right of first refusal when the former owner learns that the new owner has just advertised the horse for sale.

• A knowledgeable lawyer can review your contract and advise you of your options. The lawyer might even be able to advise you, based on the contract terms and the law, of your probability of success in a legal dispute.

We continue to be surprised at how many contracts fail to include attorney fee clauses through which the party that breaches it agrees to pay the non-breaching party’s legal fees. Although there is no guarantee that every court will enforce such clauses, some will.

Every contract dispute is different, and the likelihood of success will depend on numerous factors. Discuss your contract and contract dispute with a knowledgeable lawyer.

Categories: Contracts