Contract woes come in a variety of flavors, like ice cream.
A few disputes arise because someone never bothered to read the contract. (“I’m sorry, judge, but I didn’t read it before I signed it” sounds ridiculous and almost never succeeds as a breach-of-contract defense.)
Some other disagreements come about because one of the parties read the contract but didn’t understand it.
A third variety of dispute involves two individuals who read the contract and understood it, or thought they did, but whose respective understandings of the agreement don’t mesh.
Last August, Mary Ann Cohen adopted a chestnut gelding named “Corona” from Project Sage Horse Rescue, a New York non-profit. Cohen’s understanding of the written adoption agreement was that the contract transferred legal ownership of Corona to her, with the only stipulation being adequate care for the horse.
Project Sage, on the other hand, argued that the adoption contract did not transfer ownership of Corona to Cohen. Instead, the contract amounted to a placement of Corona only, with Cohen designated as the animal’s “caregiver” rather than “owner.” The agreement, according to Project Sage, was a grant of custody not ownership, with numerous restrictions that allowed the horse rescue to maintain control over the welfare of horses it adopted out.
It shouldn’t come as a surprise that this disagreement over what the adoption contract actually meant led to a lawsuit in the Nassau County division of the New York Supreme Court.
Here Comes the Judge
The ci
re: Meeting Of The Minds
In my opinion, if you adopt a horse, you own it. It the rescue retains ownership, you are a foster home or a leasee.
Since some rescues evidently think otherwise, an adopter should read all of the fine print to determine what twist the res
re: Meeting Of The Minds
Being clear about a transfer of ownership also can be an important issue for horse rescues. I’ve come across rescues who accepted donated horses, cared for them over the winter, then had to return the animals to the original owners when the weather tur
re: Meeting Of The Minds
After an exhaustive adoption process we turn ownership over to the adoptive home. We request that we be able to visit the horse with owner approval and proper notification (we make an appointment) and we ask if for any reason the adoptive home cannot k
re: Meeting Of The Minds
I understand a Rescue’s concerns about the welfare of their former charges. However, intrusive behavior after a horse moves on to its new home is just going to sour people on the whole adoption process.
Nicole’s comments above are a good comprom
re: Meeting Of The Minds
Many of these so called "Rescues" are nothing more than a "horse trading/sales operation." Most don’t even bother to invest in a 501c3. Some "adoption fees" are usually much higher than the "market value&q