Saddled with a Lame Horse? Why State Consumer Protection Laws Can Be the Best Protection for Duped Horse Purchasers

Abstract

Many first-time horse purchasers have little experience with the equine industry and are thus vulnerable to the use of deceptive and unfair practices by the more knowledgeable seller. In situations where inexperienced horse purchasers are duped into buying ill or otherwise defective horses, there are two potential claims that purchasers can make for relief: U.C.C. claims or state consumer protection act claims ("CPAs"). Because courts in U.C.C. claims cases tend to focus on the contractual relationship between the parties, inexperienced horse purchasers' relief through the U.C.C. is often limited. Indeed, the goal of the U.C.C. is to regulate relationships between buyers and sellers and to encourage thier freedom to contract. The goal of CPAs, on the other hand, is to address unfair and deceptive trade practices. This Note will argue that duped purchasers should always file CPA claims rather than U.C.C. claims against unscrupulous horse sellers because of the greater protection and broader relief CPAs have to offer.