As with all matters legal, it depends. A horse’s status depends on the circumstances.
They are goods – if bought and sold, under the Sale of Goods Act, as ‘chattels’, i.e. tangible, moveable property. However, any comeback you have depends on whether the horse is bought privately or as part of a business transaction. Purchase from a dealer implies that it is of merchantable quality or fit for purpose but a purchase from a private individual implies no such conditions – caveat emptor applies.
They are animals - much has been written recently about s.2 Animals Act 1971 prompted by a recent case that held that a horse owner was liable for damage and injury caused by horses that escaped from a field, having been spooked for no apparent reason, in circumstances where the judge acknowledged that the owners had done all that had been expected of them. Therefore, as the law currently stands, an owner can be held liable for damage caused by his horse as he is under a duty of care towards others and their property. The courts will consider both the tort of negligence and whether a duty of care has been broken but also all the circumstances under the Animals Act 1971.
They are a conveyance - and provision is made in the Highway Code for riding on roads. There is still legislation applicable to the riding on the highway and the offence of furious riding still exists under theTown Police Clauses Act 1844 (although this is now generally used for cyclists). Modern legislation that acknowledges the use of the road by riders includes the Horses (Protective Headgear for Young Riders) Act 1990 which requires children under 14 to wear protective helmets when riding a horse on the road.
Unlike driving a car, it is not a legal requirement that a horse be insured. However the strong advice is that you should make sure that you and the horse are adequately covered and that you have sufficient third party cover. It is sometimes forgotten that if an uninsured driver causes an accident, it is only personal injury that is covered by the Motor Insurers Bureau, not damage to property (i.e. your horse) or other items such as cars.
They are food - the introduction of horse passports, perceived as an unnecessary administrative burden for the horse industry in this country, were introduced to prevent horses that have been or may have been treated with certain veterinary products, from entering the food chain in Europe where they are a common food source. Therefore passports, although they do play a part in horse movements, must be seen in a human health context.
Thus rather with the definition of farmer, the definition/status of a horse depends on the circumstances in which the definition is sought - so identify the circumstances before the question is asked!
For a no-obligation chat about how our equine law team can help you with the legal status of horses, please contact either
Paul Rice or
Laura Wheeler.
This article first appeared in the 2009 Autumn edition of Agricultural News.
