Buying a horse is rarely a simple transaction. A horse may be purchased for hacking, competition, breeding, hunting or as a child’s first pony. If the horse later proves unsuitable, unsound or not as described, the buyer’s legal position often depends on whether the seller was a trade seller or a private seller.
Trade Seller vs Private Seller
A trade seller is someone selling in the course of business. That may include a dealer, producer, professional rider, riding school, livery yard, breeder, or anyone regularly buying and selling horses for profit. The courts take a broad approach to what counts as selling “in the course of business”. In Stevenson v Rogers [1999] QB 1028, the Court of Appeal confirmed that a sale can be in the course of business, even if selling that particular item is not the seller’s main activity.
A private seller is usually an individual selling their own horse as a one-off sale, not as part of a business. The legal recourse for a purchaser is more limited than purchasing from a trade seller.
Buying from a trade seller
If the buyer is a consumer and the seller is acting as a trader, the Consumer Rights Act 2015 applies. The horse must be:
- As described – If advertised as “safe in traffic”, “suitable for a novice”, or “sound”, those descriptions must be accurate.
- Of satisfactory quality – Taking account of age, price, history and all surrounding circumstances.
- Fit for any particular purpose made known to the seller – For example, if the buyer says they need a confidence-giving child’s pony, the horse should be suitable for that purpose.
These principles are not unique to horses. In Rogers v Parish (Scarborough) Ltd [1987] QB 933, a case that involved a car, the court emphasised that goods may breach statutory standards even if they are technically usable. Applied to horses, a horse may be rideable but still legally unsatisfactory if it is materially different from what was represented.
Where the buyer relies on the seller’s skill and judgment, fitness for purpose can be crucial. In Baldry v Marshall [1925] 1 KB 260, the buyer relied on the seller to recommend a suitable car. However, the goods supplied were not suitable, so the buyer had a remedy. The same logic can apply where a buyer relies on a dealer to supply a horse suitable for a stated job.
Buying from a Private Seller
So, why are private sales different? The Consumer Rights Act 2015 does not apply to private sales and therefore they are generally more difficult to progress.
The general rule is “buyer beware”. A private seller does not usually give implied promises as to quality or fitness. However, the horse must still match its description and the seller must not misrepresent material facts.
A statement can become legally significant if it induces the buyer to purchase. In Schawel v Reade [1913] 2 IR 81, assurances about a horse’s soundness were treated as binding. Similarly, in Couchman v Hill [1947] KB 554, a statement about an animal was held to be a contractual warranty where the buyer relied on it.
Misrepresentation may arise where a seller says a horse is “easy to load”, “never rears”, or “suitable for a novice” when that is untrue. Even an opinion may carry legal weight if given by someone with greater knowledge: see Smith v Land and House Property Corp (1884) 28 Ch D 7.
Damages and consequential losses
Potential remedies may include rejection of the horse or a refund of the price, damages, or a price reduction.
Damages can cover the difference between what was promised and what was delivered.
Consequential losses may also be recoverable if sufficiently foreseeable. This principle comes from Hadley v Baxendale (1854) 9 Ex 341: losses are recoverable if they arise naturally from the breach or were within the parties’ contemplation. In equine disputes, this may include, but is not limited to:
- Veterinary fees
- Transport
- Livery
- Farrier costs
Any losses you are attempting to claim must be properly evidenced and not too remote.
Practical point
In equine sales, words matter. Adverts, messages, trial notes, veterinary findings and witness evidence often decide the case. Whether buying from a dealer or a private seller, clarity at the point of sale is usually the best protection. Ensuring that representations are easily evidenced is absolutely key.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact Natalie Dean today for help.