Claims for Damages Related to the Purchase of Diseased Animals – Legal Classification and Current Developments
Fundamentals of Purchase Law in the Acquisition of Animals
Although animals are no longer considered objects under German law according to § 90a BGB, the provisions applicable to objects apply correspondingly to animals, insofar as no special regulations exist. Therefore, the purchase of live animals is generally subject to the general purchase law regulations of §§ 433 et seq. BGB. The legal assessment of defects and related secondary claims such as claims for damages thus fundamentally follow the same standards as in general property law – albeit with significant special features attributable to the status of animals as living beings.
Concept of Defects and Warranty Rights in Animal Purchases
Definition of Defect
A defect within the meaning of § 434 BGB exists if the animal does not possess the agreed or contractually assumed condition at the time the risk passes, especially if health guarantees are missing or a serious illness is present. The distinction between an age- or breed-typical imperfection and a pathological condition to be classified as a defect must be determined on a case-by-case basis with medical expert opinions and taking into account the respective breed standard.
Obligations to Examine and Notify
Buyers are obliged to examine the animal for obvious diseases or anomalies after purchase, particularly if contractually agreed health guarantees exist. In the case of hidden health problems, the defect must be notified to the seller within a reasonable period according to § 377 HGB (for commercial purchases) or § 438 BGB. If the buyer fails to notify the defect, asserting warranty claims is generally excluded.
Claims for Damages Due to Defective Delivery of an Animal
Requirements for a Damage Claim
Asserting claims for damages due to a defect in the animal requires that the seller is at fault for the defect (§§ 280, 281 BGB). The buyer must prove that the animal was defective at the time the risk passed (usually at delivery) and that the seller breached their contractual duties.
Typical Damage Items
Compensable damages can relate not only to the direct loss in value of the diseased animal or the reversal of the purchase contract but also include necessary expenses for treatment (such as veterinary fees, medication costs, and possibly return transports) and consequential damages resulting from the defect. However, it is a prerequisite that the damage can be adequately causally traced back to the original defect.
Special Challenges in the Context of Animal Purchases
Burden of Proof and Evidence Issues
In the area of animal purchases, the allocation of the burden of proof is of central importance. Since the reform of purchase law on 01.01.2022, consumer purchases presume that a defect found within one year after delivery already existed at the time the risk was transferred. However, in sales between entrepreneurs or private individuals, the burden of proof remains with the buyer, who must demonstrate and prove according to § 363 BGB that the animal was already defective at the time the risk passed.
Consideration of Animal Welfare Aspects
Courts are required to consider any animal welfare aspects in connection with the reversal of purchase contracts involving diseased animals. This may affect whether returning the animal to the seller is reasonable or if other solutions that favor animal welfare are preferable.
Current Jurisprudence: Judgment of the Regional Court of Lübeck dated 22.02.2024 (Ref. 14 S 9/21)
In the underlying case, the Regional Court of Lübeck clarified the requirements for a buyer’s claim for damages after acquiring a diseased dog. The court focused on the buyer’s obligation to substantiate the claim and linked it to the distinction between hidden and open defects as well as the – subject to further evidence – applicable deadlines from the purchase warranty regime. (Source: https://urteile.news/LG-Luebeck_14-S-9221_Schadensersatz-nach-Kauf-eines-kranken-Tieres~N34128)
Contract Drafting and Risk Minimization for Businesses and Investors
Especially in commercial animal brokerage and in breeding and trading transactions, precise contract drafting is of significant importance. Unclear provisions concerning the condition of the animal, unbalanced liability agreements, and insufficient documentation of the health status can lead to extensive disputes and financial risks. The complexity of the subject requires forward-looking contract structures that accommodate the interests of the parties as well as the specific circumstances of animal purchases.
Conclusion
Enforcing claims in the case of acquiring diseased animals requires thorough investigation of the facts and precise legal classification. Considering the numerous relevant specifics—from veterinary assessments and evidence gathering to applicable specialized legal provisions—it is advisable to rely on tailored solutions for legal questions and disputes related to the purchase of live animals. For companies, investors, and high-net-worth individuals seeking solid and legally secure contractual practices in this context, individualized legal advice in contract law from the internationally positioned law firm MTR Legal can provide effective prospects.
