title: [Legal aspects of veterinary examinations of horses at purchase with regard to the new high court decision and prevailing dogma].
abstract: The existing statutory provisions in connection with the seller's liability for defects of a horse are nowadays unsatisfactory. This has led to an increasing number of cases in which veterinarians have been held liable for the purchaser's damages resulting from an incorrect or incomplete veterinary examination at point of sale. Courts have recently imposed extensive duties of care on the veterinary. He has not only to detect and disclose every minute defect of the horse, but has to give a prognosis of the development of the horse's healthiness and its future capability to meet the purchaser's requirements. If he feels himself unable to give such a prognosis under the circumstances of the particular case he has to state this explicitly. The risks of liability can be minimized by using carefully drafted contracts.
authors.forename: E
authors.initials: E
authors.lastname: Fellmer
mesh_terms: D000818:Animals; D006736:Horses; D007603:Jurisprudence; D010808:Physical Examination / Q000662:veterinary*; D014730:Veterinary Medicine
vernacular_title: Juristische Aspekte der tierärztlichen Ankaufsuntersuchung beim Pferdekauf--unter Berücksichtigung der neueren höchstrichterlichen Rechtsprechung und der herrschenden Lehrmeinung.