Mr F purchased a motorised horse box from a garage who specialised in converting box vans in to motorised horse boxes. The purchase price was £20,000.00.
Mr F purchased the vehicle with the intention of using it to transport his horses to various events throughout the country. The Claimant relied upon representations made by the seller in the advert for sale and in particular that it “could carry 2 large horses”.
Mr F bought the horsebox and used it for the transport of his horses for a season but was subsequently advised at a horse show that he should not be using that vehicle for the transportation of his horses as it was not able to handle the weight of his 2 large horses.
The Claimant subsequently had the horse box weighed on a weigh bridge which confirmed that the vehicle when empty weighed 2920kg.
The load weight of the vehicle was 3.5 tonnes and therefore the Claimant had only 580 kg of residual weight for the vehicle to be driven legally. Allowing for 2 large horses, tack and a driver of the vehicle the load weight would be far in excess of the 3.5 tonne limit and the horsebox was therefore not fit for purpose.
Horse Solicitor were instructed to represent Mr F in his claim for breach of contract, breach of statutory duty and misrepresentation.
The Defendant alleged that there were no breaches as the Claimant had the full enjoyment of the vehicle for a season before the alleged defect was identified, and that further, the onus is on the driver of a vehicle to ensure that the load of their vehicle is not exceeded.
Horse Solicitor successfully rebutted both contentions and following a period of negotiation a settlement agreement was reached whereby Mr F was entitled to return the vehicle for its then market value, allowing a small deduction from the purchase price to allow for depreciation of the vehicle.
If you wish to discuss a similar matter call HorseSolicitor now on 01446 794196.