Sins of omission, full disclosure, the translation!

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DL

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Jan 29, 2007
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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
 

red

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Jan 20, 2007
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LaRue, Ohio
OK, I understand the selling part w/ the live animal. But where do embryos, semen & recips fall in the mix?
You know there are good even great lawyers out there. I come from a family where both my grandfathers were lawyers. Made family get-to-gethers very interesting. Can't lump everyone under the same group as a few bad bananas.

Room is spinning, have an ear infection- oh the joys of Ohio weather!
Red
 
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Mar 20, 2007
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Hello all,

Bear in mind this do not actually as of yet represent legal advice at all......But under the U.C.C. genetic materials such semen, embryos, etc. are considered "goods" same as the animals that produce them and are subject to the same laws. There is some case law supporting this, but not much, thank goodness not that much has resulted in litigation as of yet.    The UCC has been adopted in some form by 49 states....Louisiana, as is normal, being the hold out and choosing to do it their own way, but they do have something similar on their books.

I am in the process of tying up a paper....I have to talk to couple more people and my adviser has fully sign off on it, but my hope is that some of the different species' Boards and Breed Associations will post it to there websites and possibly in a couple of their magazines....as a road map of were to begin examining the legal side of today's livestock genetic landscape....
 

red

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Jan 20, 2007
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Location
LaRue, Ohio
Genetics LawDawg!
(welcome)

Love the picture! Can we women all hope that's what you look like?!
Thanks for the post, looking forward to your input!

Red
 
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Mar 20, 2007
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LOL....Thank you for the welcome,

fortunately I am much taller than that shrimp Russel but, sadly I had to shave the facial hair off not that long ago......
 

Show Heifer

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Jan 28, 2007
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Welcome to the "Planet" GLD!! I look forward to your "expert" opinions ;D
I am assuming (sometimes not a good t hing to do!) that your paper is on the subject of selling livestock with genetic disorders and the liability that goes with that?? Would be a very interesting read!!
 
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