NSW act of God in an animal

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nose

Well-Known Member
27 November 2015
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Could it be argued that a horse bred by a breeder and then sold for commercial gain , which one month after sale displays symptoms of a chronic head condition , has a condition which is an act of God? that is, has become unsound due to a condition which is out of the control of the breeder, and thus the breeder is not liable under the consumer law warranty to remedy or refund?
 

Rod

Lawyer
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27 May 2014
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Unlikely in my view, but I'm not entirely sure. Acts of God are generally considered to be sudden external events caused by nature (ie not a person) that affects someone or their property. What you describe doesn't seem to fit this general description however I've not examined the various types of events in detail.

Allowing conditions to be described as 'acts of god' would seemingly limit warranties to such an extent that all warranties would be next to useless.