Happy February!

This first day of February happens to be my birthday, and I think birthdays mean allowing yourself a little frivolity and celebration.  On that note, I'm sharing some fun horse video clips by which I was endlessly entertained:

Skiing and Riding, two of my favorite sports, combined into one!


And because I really do think equine law is fun, and thus permitted as part of my birthday celebration, here is a legal concept for your enjoyment:

A builder contracted to build a new barn for a hunter/jumper trainer.  The terms of the contract provided that the builder would receive the full contract price upon completion of the barn.  Just when the builder had completed one-half of the structure, a natural disaster struck the area (flood, earthquake, tornado, hurricane, etc.) and demolished the building.

What is the builder entitled to financially recover from the hunter/jumper trainer under the contract?
a) Nothing
b) One-half of the contract price
c) One-half of the fair market value of what remains of the barn
d) Cost of materials and reasonable labor costs

{Take a guess! Answer will be below the next irrelevant, but fun, clip}

A cow that thinks he is a cutting horse:


The answer is............ A!  The builder cannot recover anything from the trainer because under the agreed upon contract, he has not fulfilled his duty;  under the contract, the builder's completion of the barn was a condition precedent to the trainer's duty to pay.  The condition precedent was not discharged by the natural disaster because construction of the barn hasn't become impossible, just more costly, and the builder can still rebuild the barn.

It seems a little unfair, doesn't it?  Which is why most builders/ architects will have their lawyers structure their building contracts differently, to spread out the risk of loss or of liability between the parties.

And one final funny horse video for you... Karen O'Connor shows us what kind of willpower is required to become one of the greatest U.S. riders (note: in eventing, if any part of your person touches the ground, you are disqualified from the event)


Happy long-February (it is a leap year!), and any guesses if the groundhog will see his shadow tomorrow?!