Animal transactions — the purchase and sale of a horse, a pet or a sporting animal in a sporting context — are written in Georgia under the general rules of sale, and one special norm extends to them as well: the owner's strict liability for the damage the animal causes to another. On this page we explain how these five norms build the legal frame of animal deals — from the duty of delivery to the allocation of costs and the compensation of damage.
The Concept of Sale — What the Buyer Receives
Under the Civil Code's sale norm, the seller must transfer to the buyer the right of ownership in the property, the documents connected with it, and deliver the goods; the buyer must pay the agreed price and accept the purchased property. Translated to the purchase of an animal: the seller hands over not only the animal but also the documents — veterinary records, certificates of origin, and for a sporting animal the papers of results and registration. Where the price is not directly indicated in the contract, the parties may agree on the means of determining it — for example, an appraisal or a market review; a determinable-price formula should be put into the contract in writing.
Costs and Defect-free Delivery
The allocation of costs is set by law: the expenses connected with the delivery of the sold item — weighing, measuring and packing — fall on the seller, while the expenses of receiving and dispatching the goods to a place other than the place of conclusion of the contract fall on the buyer, unless the contract provides otherwise. The transport of a horse usually falls into this second category — the cost of carriage should be determined before the purchase, since the statutory default does not change by itself and transport is never cheap. The weighing, measuring and packing expenses that accompany the delivery of the animal fall on the seller by the same law — a detail that becomes contested when an animal passes from a market or an auction and the delivery procedure is agreed on the spot. The second anchor is the quality of delivery: the seller must deliver to the buyer an item free of material and legal defects. For an animal, material defect-freedom means first of all health — a sick animal or one with a concealed defect is a defective delivery; legal defect-freedom means that no third person holds a right over the animal — for example, another's ownership claim or the residue of a void transaction.