Fellmer E
Tierarztl Prax. 1987;15(3):275-9.
The existing statutory provisions in connection with the seller's liability for defects of a horse are nowadays unsatisfactory. This has led to an increasing number of cases in which veterinarians have been held liable for the purchaser's damages resulting from an incorrect or incomplete veterinary examination at point of sale. Courts have recently imposed extensive duties of care on the veterinary. He has not only to detect and disclose every minute defect of the horse, but has to give a prognosis of the development of the horse's healthiness and its future capability to meet the purchaser's requirements. If he feels himself unable to give such a prognosis under the circumstances of the particular case he has to state this explicitly. The risks of liability can be minimized by using carefully drafted contracts.
如今，关于卖方对马匹缺陷责任的现有法定条款并不令人满意。这导致越来越多的案例中，兽医因在销售时进行的不正确或不完整的兽医检查给购买者造成的损害而承担责任。法院最近对兽医施加了广泛的注意义务。他不仅要发现并披露马匹的每一个细微缺陷，还要对马匹健康状况的发展及其未来满足购买者要求的能力作出预后判断。如果他觉得在特定案件的情况下无法作出这样的预后判断，就必须明确说明。通过使用精心起草的合同，可以将责任风险降至最低。
