GELDED WITHOUT CONSENT

[IWMC]

Question 1: How would you react and what action would you take if a stallion leased out for racing was gelded by the leasse without the owners consent.?

Question 2:.Would the RIU have any liability if they approved the action only to realize later that their advice was incorrect.?

[scooby3051]

Is there a clause in the lease agreement that he can not be gelded???

[Dopey]

42 minutes ago, IWMC said:

Question 1: How would you react and what action would you take if a stallion leased out for racing was gelded by the leasse without the owners consent.?

Question 2:.Would the RIU have any liability if they approved the action only to realize later that their advice was incorrect.?

Contract law civil matter 

not sure how you implicate RIU as a party to a private lease agreement???

[Gruff]

Seems a no brainer from both parties perspectives....this actually happen

[Nice Option]

I would have thought that any material action that is likely to influence the breeding prospects of the leased animal would surely have to be agreed with the owner..... and I think we can agree that cutting its n**s off is a material action!!

[rumpole]

13 hours ago, Dopey said:

Contract law civil matter 

not sure how you implicate RIU as a party to a private lease agreement???

You are correct. It is a civil matter. If the owner is unable to negotiate a settlemnt

then it goes to court.Over the years I have been involved in a few like this and  also a situation where a mare under lease has been served by a stallion without the approval of  the owner

This has nothing to do with the RIU. They need to mind their own business.

 

 

 

 

 

[chevy86]

Precedent set? when that Bobbit guy was gelded by his missus? My mistake, think he was dis-membered.

[crustyngrizzly]

2 minutes ago, chevy86 said:

Precedent set? when that Bobbit guy was gelded by his missus? My mistake, think he was dis-membered.

At least Bobbit got to star in a couple of porn movies,i doubt if the horse will.

[Shad]

51 minutes ago, chevy86 said:

Precedent set? when that Bobbit guy was gelded by his missus? My mistake, think he was dis-membered.

Someone told me he had 6 months physiotherapy after they sewed it back on. Always an upside i guess.

[IWMC]

On 1 June 2017 at 7:55 PM, scooby3051 said:

Is there a clause in the lease agreement that he can not be gelded???

Yes as follows. 

 

9    NO colt, entire or rig shall be gelded without the lessor’s written consent.

 

[IWMC]

On 1 June 2017 at 8:33 PM, Dopey said:

Contract law civil matter 

not sure how you implicate RIU as a party to a private lease agreement???

They administer the rules of racing overall. After that it is legal matter sorted in the Courts.

[IWMC]

On 1 June 2017 at 9:29 PM, Gruff said:

Seems a no brainer from both parties perspectives....this actually happen

Sure did. Case will be referred to RIU for action

[Dopey]

 

1 hour ago, IWMC said:

They administer the rules of racing overall. After that it is legal matter sorted in the Courts.

I can see how you think riu control a third party in terms of gelding??? A tough outcome sure but not sure you can blame a governing body for a third party action. Good luck 

[Tinkerbelle]

14 hours ago, IWMC said:

Yes as follows. 

 

9    NO colt, entire or rig shall be gelded without the lessor’s written consent.

 

This is in the lease though, rather than being a Rule of Racing? 

[optical]

Seems a clear breach of clause 9 of the lease agreement. 

[rumpole]

8 hours ago, optical said:

Seems a clear breach of clause 9 of the lease agreement. 

Indeed but it is a matter of breach of contract and nothing to do with the RIU

or NZTR

[Leggy]

5 hours ago, rumpole said:

Indeed but it is a matter of breach of contract and nothing to do with the RIU

or NZTR

And for the avoidance of doubt that is very clearly stated in NZTR's own registration of lease form:

NZTR cannot determine nor control facets of a private lease agreement such as right of purchase, right of renewal, special conditions, etc. The lease form is notification of an agreement and our key points are the start date and finish date of the lease and the details of the Racing Manager, and all lessees involved. It is therefore recommended that the parties to the lease have their own agreement in place to cover all aspects associated with the lease and welfare of the horse.

[psyc]

You got it LEGGY. It all seems pretty clear cut!

[john legend]

If the leassees have a right of purchase I think a strong solicitors letter giving them 7 days to exercise their rop. should be enough to get action. otherwise stick with the squaregaitors IWMCNIC. WE ARE ALL HONEST  lol.

[rumpole]

6 hours ago, john legend said:

If the leassees have a right of purchase I think a strong solicitors letter giving them 7 days to exercise their rop. should be enough to get action. otherwise stick with the squaregaitors IWMCNIC. WE ARE ALL HONEST  lol.

There is a rumour that  some idiot from the RIU told the lessor it was OK to go ahead and geld the horse  I can see a nice juicy court case against the lessor and the RIU coming up  Go justice

[Leggy]

OMG...are you serious Rumpers? There's only one I can think of that would be that stupid..... but surely not?

[Phar Lap Fan]

On 6/15/2017 at 5:58 PM, Leggy said:

OMG...are you serious Rumpers? There's only one I can think of that would be that stupid..... but surely not?

The one who asked, the one who answered and I'd grill the vet too. Assuming that the horse wasn't winning much, the vet might have some money.

Similar to a tenant demolishing part of a house, I see this as a clear-cut case.

[rumpole]

On 17/06/2017 at 10:18 AM, Phar Lap Fan said:

The one who asked, the one who answered and I'd grill the vet too. Assuming that the horse wasn't winning much, the vet might have some money.

Similar to a tenant demolishing part of a house, I see this as a clear-cut case.

If it is true the fact that the RIU gave crook advice is an absolute disgrace

[trakdap]

On ‎15‎/‎06‎/‎2017 at 10:28 AM, rumpole said:

There is a rumour that  some idiot from the RIU told the lessor it was OK to go ahead and geld the horse  I can see a nice juicy court case against the lessor and the RIU coming up  Go justice

I can relate to that, I leased a horse to a group and they owed quite a bit of money to the trainer. One of the group phoned NZ Racing and was told the owner of the horse (me) was responsible for the debt, not the lessee's.

[rumpole]

18 hours ago, trakdap said:

I can relate to that, I leased a horse to a group and they owed quite a bit of money to the trainer. One of the group phoned NZ Racing and was told the owner of the horse (me) was responsible for the debt, not the lessee's.

Who did they talk to at NZ Racing? The tea lady or the cleaner?