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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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If a farmer sells a . 6 months later the buyer phoned to

Customer Question

If a farmer sells a bull. 6 months later the buyer phoned to say the bull is infertile. Is the seller responsible for the losses in cows/calving pattern etc? Or is the sellers responsibility just the bull?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Unless the farmer provided a warranty or guarantee that the bull is fertile then the maxim caveat emptor applies - buyer beware. The buyer should have had a vet check it out or asked the farmer for a guarantee.
The only other circumstance under which the farmer might be liable is if it is commonly accepted in that industry (mercantile practice) that when a farmer sells a bull it is implied that it is fertile. If this is not the case then buyer beware applies.
Can I assist any further?
Kind regards
Customer: replied 3 years ago.
At time of sale buyer said if bull wasn't fertile he would take him back. Now the buyer wants compensatin for the cows the bull didn't cover .
Expert:  Alex J. replied 3 years ago.
Thank you.
If the farmer said he would take back then he would have to. This is not a guarantee of fertility. Therefore I would be of the opinion that the cows would be consequential loss and therefore unless the farmer had made a guarantee that the bull was fertile then the cows are consequential and special loss and any claim by the buyer would be very difficult to prove.
Kind regards