Jihan Murad, Esq.

1. Jihan Murad, Esq.

2. COMPANION CLAIMS • Breach of Contract • Negligent Misrepresentation • Breach of Fiduciary Duty • Breach of Warranty

3. COMPANION CLAIMS YEAH – BUT WHY DOES IT MATTER? DAMAGES

4. BREACH OF CONTRACT • Arises: failure to perform obligation promised to be performed • Example: trainer fails to properly care for horse in his/her care, custody or control • Application: breach of tort based duty versus breach of a contractual based duty

5. NEGLIGENTMISREPRESENTATION • Arises: a party detrimentally relies on an untrue statement made by defendant that defendant believes to be true • Example: the horse has no prior injuries • Application: in sale or lease of horse or statement about horse’s suitability for a certain type of rider

6. Anyone could ride this horse around the grand prix

7. NEGLIGENTMISREPRESENTATION • Selleck v. Cuenca • Plaintiffs brought action against seller, trainer and veterinarians • Alleged failure to disclose a pre-existing deep digital tendon injury and injections given 30 days prior to pre-purchase exam

8. FIDUCIARY DUTY • Arises: a special trust relationship giving rise to the duty of loyalty and duty of care • Example: selection and purchase of a horse for a client • Application: mixed

9. AGENCY • Arises: a fiduciary relationship when a principal agrees to have an agent act on principal's behalf • Example: agent for sale or lease of horse • Application: agent is subject to liability to a principal and/or third party harmed by agent’s tortious conduct

10. NO FIDUCIARY DUTY • Welk v. Simpkins • 5 year owner/trainer relationship • Trainer injected stifles without authorization resulting in permanent damage • Pugliese v. Mondello • Oral partnership to purchase, train and race • Trainer had authority to enter horse valued at $250,000 in a $50,000 claiming race

11. FIDUCIARY DUTY INFERRED • Gussin v. Shockey • Trainer advised inexperienced owners to purchase horses for amounts in excess of actual value without disclosing secret kickbacks • Intent to defraud inferred based on false representation of purchase price • No RICO violation

12. DUAL AGENCY • Arises: representation of buyer and seller in same transaction • Example: in-barn sale of horse • Application: in many states dual agency is unlawful absent written consent • imposition of additional duties to dual agent who has obtained written consent to act for two principals

13. BREACH OF WARRANTY • Arises: generally in the context of sales, but has been raised in the context of professional services • Example: guarantee of outcome of services • Application: generally does not apply to those who provide professional services

14. But my trainer said he would qualify for pony finals

15. BREACH OF WARRANTY • Archibald v. ACT III Arabians • Breach of implied warranty of good and workman like performance of training program • Jury found breach of good and workmanlike training was a producing cause of death • Court entered judgment NOV – no implied warranty for services

16. Jihan Murad, Esq. jmurad@weildrage.com Arizona  California  Nevada