Live Foal Guarantee
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Live Foal Guarantee
Live foal guarantee is a common provision in horse breeding contracts. It is a form of a warranty offered to the mare owner by the stallion owner. Basically, it says that if the mare fails to produce a live foal from the breeding, the stallion owner will breed the same mare again without charging another stud fee. Each specific breeding contract can have different details regarding a ''live foal guarantee''. Live foal Commonly defined as one that ''stands & nurses'' from the mare unassisted.''Beason v. Ashford Stud'', Kentucky Court of Appeals, Unpublished, 2004 WL 758341
(While this opinion related to payment for stallion services, it does cite the common industry definition of a ''live foal''.) If the foal
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Horse Breeding
Horse breeding is reproduction in horses, and particularly the human-directed process of selective breeding of animals, particularly purebred horses of a given breed. Planned matings can be used to produce specifically desired characteristics in domesticated horses. Furthermore, modern breeding management and technologies can increase the rate of conception, a healthy pregnancy, and successful foaling. Terminology The male parent of a horse, a stallion, is commonly known as the ''sire'' and the female parent, the mare, is called the ''dam''. Both are genetically important, as each parent genes can be existent with a 50% probability in the foal. Contrary to popular misuse, "colt" refers to a young male horse only; "filly" is a young female. Though many horse owners may simply breed a family mare to a local stallion in order to produce a companion animal, most professional breeders use selective breeding to produce individuals of a given phenotype, or breed. Alternatively, a ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Warranty
In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambridge University Press. and (2) which only entitles the innocent party to damages if it is breached: i.e. the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not a guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages. A warranty is a term of a contract. Depending on the terms of the contract, a product warranty may cover a product such that a manufacturer provides a warranty to a consumer with which the manufacturer has no direct contractual relationship. A warranty may be express or implied. An express warranty is expressly stated (typically, written); whether or not a term will be implied int ...
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Mare (horse)
A mare is an adult female horse or other equine. In most cases, a mare is a female horse over the age of three, and a filly is a female horse three and younger. In Thoroughbred horse racing, a mare is defined as a female horse more than four years old. The word can also be used for other female equine animals, particularly mules and zebras, but a female donkey is usually called a "jenny". A broodmare is a mare used for breeding. A horse's female parent is known as its dam. Reproductive cycle Mares carry their young (called foals) for approximately 11 months from conception to birth. (Average range 320–370 days.)Ensminger, M. E. ''Horses and Horsemanship: Animal Agriculture Series.'' Sixth Edition. Interstate Publishers, 1990. p. 156 Usually just one young is born; twins are rare. When a domesticated mare foals, she nurses the foal for at least four to six months before it is weaned, though mares in the wild may allow a foal to nurse for up to a year. The estrous cycle, ...
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Stallion (horse)
A stallion is a male horse that has not been gelded (castrated). Stallions follow the conformation and phenotype of their breed, but within that standard, the presence of hormones such as testosterone may give stallions a thicker, "cresty" neck, as well as a somewhat more muscular physique as compared to female horses, known as ''mares'', and castrated males, called ''geldings''. Temperament varies widely based on genetics, and training, but because of their instincts as herd animals, they may be prone to aggressive behavior, particularly toward other stallions, and thus require careful management by knowledgeable handlers. However, with proper training and management, stallions are effective equine athletes at the highest levels of many disciplines, including horse racing, horse shows, and international Olympic competition. "Stallion" is also used to refer to males of other equids, including zebras and donkeys. Herd behavior Contrary to popular myths, many stallions do not ...
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Stud Fee
A stud animal is a registered animal retained for breeding. The terms for the male of a given animal species (stallion, bull, rooster, etc.) usually imply that the animal is intact—that is, not castrated—and therefore capable of siring offspring. A specialized vocabulary exists for de-sexed animals (gelding, steer, etc.) and those animals used in grading up to a purebred status. Stud females are generally used to breed further stud animals, but stud males may be used in crossbreeding programs. Both sexes of stud animals are regularly used in artificial breeding programs. A stud farm, in animal husbandry, is an establishment for selective breeding using stud animals.Taylor, Peter, Pastoral Properties of Australia, George Allen & Unwin, Sydney, London, Boston,1984 This results in artificial selection. Stud fees A stud fee is a price paid by the owner of a female animal, such as a horse or a dog, to the owner of a male animal for the right to breed to it. Service fees can rang ...
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Miscarriage
Miscarriage, also known in medical terms as a spontaneous abortion and pregnancy loss, is the death of an embryo or fetus before it is able to survive independently. Miscarriage before 6 weeks of gestation is defined by ESHRE as biochemical loss. Once ultrasound or histological evidence shows that a pregnancy has existed, the used term is clinical miscarriage, which can be ''early'' before 12 weeks and ''late'' between 12-21 weeks. Fetal death after 20 weeks of gestation is also known as a stillbirth. The most common symptom of a miscarriage is vaginal bleeding with or without pain. Sadness, anxiety, and guilt may occur afterwards. Tissue and clot-like material may leave the uterus and pass through and out of the vagina. Recurrent miscarriage (also referred to medically as Recurrent Spontaneous Abortion or RSA) may also be considered a form of infertility. Risk factors for miscarriage include being an older parent, previous miscarriage, exposure to tobacco smoke, obesity, dia ...
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Stillbirth
Stillbirth is typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life. A stillbirth can result in the feeling of guilt or grief in the mother. The term is in contrast to miscarriage, which is an early pregnancy loss, and Sudden Infant Death Syndrome, where the baby dies a short time after being born alive. Often the cause is unknown. Causes may include pregnancy complications such as pre-eclampsia and birth complications, problems with the placenta or umbilical cord, birth defects, infections such as malaria and syphilis, and poor health in the mother. Risk factors include a mother's age over 35, smoking, drug use, use of assisted reproductive technology, and first pregnancy. Stillbirth may be suspected when no fetal movement is felt. Confirmation is by ultrasound. Worldwide prevention of most stillbirths is possible with improved health systems. Around half of stillbirths occur durin ...
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Boarding (horses)
A livery yard, livery stable or boarding stable, is a stable where horse owners pay a weekly or monthly fee to keep their horses. A livery or boarding yard is not usually a riding school and the horses are not normally for hire (unless on working livery - see below). Facilities at a livery yard normally include a loose box or stable and access for the horse to graze on grass. History of livery stables in North America Historically in North America, "livery stable" had a somewhat different meaning: a stable where horses, teams and wagons were for hire, but also where privately owned horses could be boarded for a short time. Because of the temporary boarding aspect, livery stables were often attached to a hotel or boarding house. Located at Buffalo, New York, the C. W. Miller Livery Stable is an example of a multi-story livery stable. The livery stable was a necessary institution of every American town, but its role has been generally overlooked by historians. In addition t ...
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Artificial Insemination
Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment for humans, and is common practice in animal breeding, including dairy cattle (see Frozen bovine semen) and pigs. Artificial insemination may employ assisted reproductive technology, sperm donation and animal husbandry techniques. Artificial insemination techniques available include intracervical insemination (ICI) and intrauterine insemination (IUI). Humans History The first recorded case of artificial insemination was John Hunter in 1790, who helped impregnate a linen draper's wife. The first reported case of artificial insemination by donor occurred in 1884: William H. Pancoast, a professor in Philadelphia, took sperm from his "best looking" student to inseminate an anesthetized woman without her knowledge. The case was reporte ...
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Horse Breeding
Horse breeding is reproduction in horses, and particularly the human-directed process of selective breeding of animals, particularly purebred horses of a given breed. Planned matings can be used to produce specifically desired characteristics in domesticated horses. Furthermore, modern breeding management and technologies can increase the rate of conception, a healthy pregnancy, and successful foaling. Terminology The male parent of a horse, a stallion, is commonly known as the ''sire'' and the female parent, the mare, is called the ''dam''. Both are genetically important, as each parent genes can be existent with a 50% probability in the foal. Contrary to popular misuse, "colt" refers to a young male horse only; "filly" is a young female. Though many horse owners may simply breed a family mare to a local stallion in order to produce a companion animal, most professional breeders use selective breeding to produce individuals of a given phenotype, or breed. Alternatively, a ...
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