Felansvar vid köp av häst - en redogörelse för gällande rätt

Sammanfattning: Swedish horses are amongst the top in the world and the revenue of the industry is over 72 billion Swedish crowns per year. Depending on the role the seller is acting as, different laws will apply. If the seller is an entrepreneur, Consumer Sales Act will apply, but if it’s a private person The Sale of Goods act will be applicable. Depending on which law you apply, the outcome could be different. Since The Sale of Goods is an optional law it will give the parties the opportunity to agree on terms that are outside the scope of the law, which could lead to different outcomes and the need for interpretation of the contract. Consumer Sales Act on the other hand is imperative in favour of the consumer. In 2022 a new Consumer Sales Act was implemented which divides living animals from other goods, which has led to another kind of judgement when it comes to defect assessment. The purpose with the new law is to balance the relationship between entrepreneur and the individual, but also to consider animal welfare. There are different kinds of defects when it comes to horses, and they could be difficult to identify since it’s an animal that is in constant change. The purpose and area of use is of major importance when determining if there is a defect on the horse or not. What is considered a defect in a competition horse might not be when it comes to a non-competition horse. The outset for the determination is based on 17 § The Sales of Goods act and the 4 chapter 1 § Consumer Sales Act that claims that the good should cohere with the agreement and if it doesn't it should be considered defected.