[Veterinary examinations of horses during purchase transactions]

Veterinary examinations of horses on the occasion of sale or purchase take place on the basis of contracts for work and services. Three types may be distinguished: Examinations for sale (by order of the seller before the sales contract is concluded) Guarantee examination (by order of the buyer after conclusion of the sales contract) (Real) purchase examination (under a conditional contract of purchase). In the latter case the veterinarian acts as trustee for both seller and buyer and is equally obliged to both parties morally and at law. The deficiencies of the law of warranties for contracts of purchase of horses have led to the situation that more and more purchasers try to shift the risk to the veterinarian by ordering a comprehensive examination of the horse. In the light of several new court decisions the veterinarian bears a substantial risk of liability in those cases. The veterinarian is not only obliged to discover every irregularity in the health of the horse and to inform his customer accordingly; furthermore he has to inform his customer about the risks resulting from any irregularity he might have found. On the other hand the veterinarian is not obliged to make a binding prognosis of the future capabilities of the horse. The limitation period for claims of damages in case of inaccurate statements and opinions on the horse's health, which result from the veterinarian's negligence, is 30 years. The veterinarian can restrict his liability as to the limitation period and as to the maximum amount of liability. This can be done by employing standard form contracts.(ABSTRACT TRUNCATED AT 250 WORDS)