A while back on a place far far away under posts about a semen catalog the following little nugget appeared
Just an interesting little tidbit on the subject of the omission of the carrier status.
I will leave this for interpretation come as it may but....
"K.S.A. 50-639(h) permits disclaimer of warranties for livestock unless the seller 'knowingly sells livesstock which is diseased.'"
Granted it says "diseased" and not "possessing genetic defects", but......
And so I asked for a translation of the legalese to normalspeak and received the following translation from a fine member of the "legal pot" (met another fine member of the legal pot this weekend in Ohio - was a fabulous weekend)
My example (to see if I understood, which is referred to below, was the following)
If I sell you a DP heifer and she isn't tested it is OK - but if I sell you one that I tested and she is a carrier (and clearly since I had her tested I know it) then I am is hot soup?
A disclaimer of warranties is the lawyer version of saying "as is" It means that nothing outside of what is discussed or seen is warranted or guaranteed in the sale. Leave it to attorneys to make it more complicated than it need be....
As with anything the government puts into writing, the answer means it depends.....
That said, your best bet is that, it means that if you know that you are selling an animal that you have tested or know is carrying some disease (this is the part open to interpretation "what is diseased?" does that mean genetic disease? and if so is a carrier enough?) that you probably can not sell simply "as is" without disclosingt the disease.
A little more in depth....
Also since she is a Draft Pick and there is the background done on that bloodline could mean a couple of things
1)Since he is a known carrier to a reasonable buyer informed of the bloodlines that could be enough to put them on notice of the disease and discharge the duty of the seller to provide that information
2)If you have tested her and don't tell the buyer you know the animal is a carrier you could be liable...An om mission in some instance could be a misrepresentation (IF you don't know or it can't be proven that you didn't know there is no misrepresentation....and certainly no warranty.)
Just for your scenario though with a DP heifer, you know or should know that she has a good chance of being a carrier. So if you were to sell her with a contract that disclaims all your warranties...In Kansas there is a good chance you could still be liable under a theory that you sold a diseased animal with knowledge and your buyer could hold you liable for breach of a warranty later...
You best bet is as always to operate above the table with all of the knowledge you have in these situations
Thanks for the info GLD and it just goes to show you that even the law appears to agree with our notion of full disclosure and honest information - could life get any better? (cow)
DL
Just an interesting little tidbit on the subject of the omission of the carrier status.
I will leave this for interpretation come as it may but....
"K.S.A. 50-639(h) permits disclaimer of warranties for livestock unless the seller 'knowingly sells livesstock which is diseased.'"
Granted it says "diseased" and not "possessing genetic defects", but......
And so I asked for a translation of the legalese to normalspeak and received the following translation from a fine member of the "legal pot" (met another fine member of the legal pot this weekend in Ohio - was a fabulous weekend)
My example (to see if I understood, which is referred to below, was the following)
If I sell you a DP heifer and she isn't tested it is OK - but if I sell you one that I tested and she is a carrier (and clearly since I had her tested I know it) then I am is hot soup?
A disclaimer of warranties is the lawyer version of saying "as is" It means that nothing outside of what is discussed or seen is warranted or guaranteed in the sale. Leave it to attorneys to make it more complicated than it need be....
As with anything the government puts into writing, the answer means it depends.....
That said, your best bet is that, it means that if you know that you are selling an animal that you have tested or know is carrying some disease (this is the part open to interpretation "what is diseased?" does that mean genetic disease? and if so is a carrier enough?) that you probably can not sell simply "as is" without disclosingt the disease.
A little more in depth....
Also since she is a Draft Pick and there is the background done on that bloodline could mean a couple of things
1)Since he is a known carrier to a reasonable buyer informed of the bloodlines that could be enough to put them on notice of the disease and discharge the duty of the seller to provide that information
2)If you have tested her and don't tell the buyer you know the animal is a carrier you could be liable...An om mission in some instance could be a misrepresentation (IF you don't know or it can't be proven that you didn't know there is no misrepresentation....and certainly no warranty.)
Just for your scenario though with a DP heifer, you know or should know that she has a good chance of being a carrier. So if you were to sell her with a contract that disclaims all your warranties...In Kansas there is a good chance you could still be liable under a theory that you sold a diseased animal with knowledge and your buyer could hold you liable for breach of a warranty later...
You best bet is as always to operate above the table with all of the knowledge you have in these situations
Thanks for the info GLD and it just goes to show you that even the law appears to agree with our notion of full disclosure and honest information - could life get any better? (cow)
DL
