Legal Questions and Answers for the Horse Community

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By
Rachel Kosmal McCart
     
 
 
Please note that the following information is not intended to be legal advice or to create an attorney client relationship. Before relying on any information, you should contact an attorney licensed to practice in your state. See also BAEN's legal disclaimer. To submit a question for this column, email your question to info@equinelegalsolutions.com. Please identify yourself as well as any other parties involved so that we can be sure to avoid conflicts in interest in answering your question. We will keep all parties? identities confidential. By submitting your inquiry to this column, you grant permission for your inquiry to be published and for your inquiry to be edited for length, grammar or clarity. Due to space limitations, we cannot publish an answer to every question we receive, but we do try to provide an unpublished answer by email or telephone. View previous Q&A's in the Legal Solutions Archives.
 
 
 

Boarding Contracts: When are they Binding on a Boarder?

Q: I signed a boarding contract provided by the boarding stable, but the boarding stable did not sign my copy. The contract contains some rate increase provisions that I don't like. Can the boarding stable still enforce the contract against me even though they didn't sign it?

A: In a word, yes.?A contract is enforceable against the person who has signed it. Because you have signed the agreement, the boarding stable can enforce it against you.

Note that if the boarding stable needed to produce a signed copy, it would be easy for them to do so. Contracts may be signed in counterparts,?which means that parties do not have to both sign the same piece of paper, just the same contract. In this age of fax and email, it is very common for parties to sign a contract separately and often on different days.

 
 
 
About the Author: Rachel Kosmal McCart, the founder of Equine Legal Solutions, is a lifelong horsewoman and experienced lawyer. Equine Legal Solutions, the Legal Counsel with Horse Sense TM , offers a full range of legal services for the horse community, including dispute resolution, customized contracts and risk management assessment.
 
 
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