Showing 72 posts in Contracts.
Avoid Disputes by Identifying the Horse in Your Contract
We occasionally receive calls from horse buyers who suspect that the horse delivered to them was not the horse they thought they bought. The problem is, almost all of these buyers had no contract and no clear identification of the horse.
Everyone benefits if the contract specifies the horse involved. To help avoid disputes, an equine-related contract can specify the horse's: Read More ›
Categories: Contracts, Sales/Disputes
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Who Are You Contracting With? The Importance of Identifying Parties Properly
The right contract language can help avoid disputes or reduce your expense if a dispute should arise. Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes. A key detail to consider for a contract is identifying the parties involved. Read More ›
Categories: Contracts
Doing Business With Someone From a Foreign Country
Interstate and international equine transactions are more common than ever. The internet takes some of the credit for this. When people do business with others across state and international lines, however, they face numerous legal risks. Read More ›
Categories: Contracts, Sales/Disputes
Part 2: What Can The Boarding Stable Do With an Abandoned Horse?
When boarding stables are not paid, they sometimes ask for trouble by taking matters into their own hands without following the law. For example, some have been known to give away the boarded horses, sell them to offset the debt, or place the horses in their lesson program without first receiving clear permission from the horses' owners. These actions are usually illegal.
Stables that accept horses for boarding and keeping do not automatically own them when board is unpaid. To become the owner, the stable must follow the law. Depending on state law, legal action that can include: Read More ›
Categories: Boarding, Contracts
Part 1: What Can The Boarding Stable Do With an Abandoned Horse?
In these difficult economic times, boarding stables nationwide are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is abandoned due to unpaid board and then take matters into their own hands without following the law. Read More ›
Categories: Boarding, Contracts, Liability
Legal Aspects of “Half Lease”/"Share Board" Arrangements
People in the horse industry sometimes enter into arrangements through which the horse is shared by agreement between two people, while only one of them owns the horse. People in the horse industry call these arrangements “half lease” or “share board” arrangements. They may seem simple but, in the eyes of the law, they can be complicated and call for a carefully written contract. Here are a few details to consider: Read More ›
Categories: Boarding, Contracts, Liability
Equine Leases – Avoiding Disputes When They End
What happens when an equine lease ends, but the lessee refuses to return the horse? Can the lessor (the “lessor is the one who owns the horse and leases it to another) simply enter the premises and remove it? A lessor owns the horse, and one would expect that he or she can simply re-claim the property, even if it means entering someone else's land and taking away the horse. Be careful!
Problems can occur, especially when a lease agreement is not in writing. For example, what if the “lessee” (the “lessee” is the one who takes possession of the leased horse under the terms of the lease agreement) thought he bought the horse? Or, what if the lessee thought the lease was not over? Read More ›
Categories: Contracts, Sales/Disputes
Perils of the Verbal Contract
“Get it in writing!” No matter how often lawyers utter these cautionary words, people in the horse industry continue to do business on a handshake. Unfortunately, legal disputes involving verbal agreements are rarely quick, easy, or cheap to resolve. Why?
With nothing in writing, each party to the transaction often has a totally different understanding of what it involved. As a result, it sometimes takes a lengthy lawsuit to prove the contract’s terms.
Those who fail or refuse to use written agreements accept the risk that any number of problems can occur. Here are some of them: Read More ›
Categories: Contracts, Liability, Sales/Disputes
Problems People Encounter With Equine Contracts - And How to Avoid Them
I receive numerous calls from people in the midst of contract disputes. Most people thought they protected themselves by using a contract, only to discover later that the contract was either silent or unclear on an important aspect of the transaction.
Let me share with you some problems people have encountered with equine industry contracts to help you avoid them. Read More ›
Categories: Boarding, Contracts, Sales/Disputes
Three Written Words That Could Prevent a Lawsuit
The buyer pays for the horse, but before delivery, the horse dies. Who gets the money? Three words can answer the question: "risk of loss."
Who bears the risk of loss in an equine sale if the horse dies after the transaction completes but before the buyer takes possession? In the eyes of the law, the answer is: Read More ›
Categories: Contracts, Liability, Sales/Disputes
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.
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