TIPS TO KEEP YOUR RECEIVABLES FROM GETTING OUT OF HAND
Receivables are one of the main reasons that small businesses fail. Therefore good business practices when structuring your business collections can mean the difference between a healthy bottom line and disaster. Most businesses take cash or credit cards immediately upon the sale of goods or services. Many horse related businesses stick to tradition and bill after the services have been rendered. As a result many of these businesses have problems with large receivables and bad debt. There are a number of ways to...
read moreVALUATION OF PROPERTY CONSIGNED FOR INTERSTATE TRANSPORT
When you hire a commercial van to transport your possessions across state lines you should carefully review the Bill of Lading. Bills of Lading are the written contracts that van companies use when hauling your property. Whether it be a horse or your furniture, when you hire someone to transport your property across a state line, the contract is interpreted using federal as opposed to state law. Therefore certain types of recovery, for instance, negligence, may not be an option for you to recover your loss in the event your property is lost...
read moreAssumption of the Risk
We all remember the outrageous court verdict when a jury awarded damages to a plaintiff who was burned when her McDonald’s coffee spilled and burnt her. The rationale of this type of verdict is to spread the risk of injuries and damages to the business sector, which can best price their products and services to insure against the damages that are inherent to their businesses. To a great extent this philosophy continues. However there is a classic defense that is finding more and greater acceptance in the courts. This defense is called...
read moreWHAT IS A LIVESTOCK SERVICER’S LIEN?
When you provide services for livestock you can take steps to place yourself in a position of priority for the amount of your bill. By doing this you may be able to collect the amount of your bill when claims are made by other creditors upon the livestock. California law provides that a person who provides livestock services within the past year pursuant to a contract with the owner of that livestock has a lien on the livestock in his possession. Before you allow the livestock to be delivered onto your property you must first enter into a...
read moreWhen cashing a check results in full satisfaction of a claim
You have a dispute with someone concerning how much you owe him. After negotiations you reach an amount that is acceptable to both of you. You pay that amount and later you get a bill for the balance. You are outraged. Unfortunately you have no proof that the amount you paid was agreed to by the other side as a compromise of the claim. You are back where you started and you have to renegotiate with your creditor. The law provides for a quick method of proving that you have indeed reached a compromise. On your check, if you write...
read moreOwner’s liability to the veterinarian who treats his horse
Who hasn’t opened a bill from a veterinarian only to read that his horse in training with the trainer has been treated by a veterinarian to the tune of $400-500 during the past month? The immediate reaction is to call the trainer of the horse and receive the standard reply, “the vet recommended the treatment in order for the horse to perform at its best.” It is amazing how many owners are willing to allow this scenario to reoccur. With regards to the treatment of the owner’s horse, the trainer is the ostensible agent in dealings with...
read moreCustomer Contracts
I have seen many changes in the ways that farms, barns or stables deal with their customers. Many owners own horses with little or no knowledge about livestock practices or management. Owners have a keen desire to learn about them and to participate in their success or failure. WHY HAVE A CONTRACT? It is so important for the parties to begin their relationship with a mutual understanding. Business men and women have certain expectations in their business relations. They are used to entering into contracts and, if a contract is presented to...
read moreHorse Auctions
Horse auctions are a fertile grounds for litigation. The bulk of the problems arise after the sale when the buyer discovers something about the animal that is not satisfactory. The balance of the problems revolve around the payment for the horse. Agency Issues Auction companies are dual agents in the conduct of their business. Horses are consigned to them to sell so they owe a duty to the seller. The purchaser buys the horse from them so there is a duty owed to him also. This can be a precarious position when a controversy arises concerning...
read moreNuclear Solutions
Recently, while discussing a client’s problem with an opposing lawyer, the counselor threatened me that he might have to resort to what he termed, “the nuclear solution.” It did not take me long to understand the nature of his threat: he was going to file a lawsuit against my client. Our society now sees an unprecedented proliferation of nuclear solutions. The purpose of the lawsuit is to recover monetary damages caused to a person or his property by the negligence or breach of contract of another. It is the vehicle used to force a...
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