[Case Summary]This case involves a dispute over a sales contract. Wang * * * purchased a racehorse from Liu * * * for 1.3 million yuan. However, after more than ten days of delivery, the horse developed old injuries and was unable to participate in the competition. Therefore, Wang * * * sued to terminate the oral sales contract, return the purchase price of 1.3 million yuan, and reimburse the medical expenses. Liu * * * entrusted Beijing Henglu Law Firm to handle the case.Xue SuhuaThe lawyer defended the case, arguing that there were no objections to the test ride, the defendant passed the physical examination on the day of delivery, and the plaintiff failed to prove that the old injury existed at the time of the transaction. The court fully adopted the lawyer's opinion and rejected all of Wang's claims. The core disputes include whether there were quality problems with the horses at the time of the transaction and whether the contract should be rescinded; the application of the rules on the sales contract and the burden of proof in the Civil Code.

I. Review of the case facts

Can I return a racehorse that lamed up after just ten days of keeping it, even though I spent 1.3 million yuan on it? Many buyers are searching for answers like "Can I terminate the contract if I buy a sick horse?" and "Is an oral sales contract valid?" In October 2024, Wang某某, after being introduced to Liu某某, agreed to buy the horse for 1.3 million yuan without signing a written contract and paid the full amount in advance. About ten days after the horse was transported back, it developed a lame leg. After diagnosis, it was determined that the horse had an "old injury" in its right front hoof and could not participate in competitions. Wang某某 sued Liu某某 on the grounds of concealment of the horse's health status and failure to fulfill the contract purpose, demanding the termination of the contract, the return of 1.3 million yuan, and the payment of medical expenses of 31,645 yuan. Liu某某 appointed Beijing Henglu Law Firm as his legal representative in the case.Xue SuhuaThe lawyer appeared in court to defend the defendant.

II. The focus of the case

  • Focus 1: Were there any quality issues with the horses when they were delivered?The plaintiff must prove that the old injury existed at the time of the transaction, otherwise the grounds for termination will not be valid.
  • Focus Two: The probative force of the proof of the test ride and the physical examination on the day of delivery.The plaintiff had no objections to the test ride and passed the veterinary examination on the same day. Is this sufficient to refute the claim of quality defects?
  • Focus Three: The correlation between medical expenses.Is the medical expense incurred after delivery due to quality defects at the time of delivery?

III. The professional intervention of Hengluo Law Firm

The plaintiff alleged that:Wang * * * claimed that Liu * * * concealed the true health condition of the horse and that the old injury caused the failure to achieve the purpose of the contract. He requested to rescind the oral sales contract, return the 1.3 million yuan and pay the medical expenses of 31,645 yuan.

The defendant argued that:Liu ** claimed that he had delivered the subject matter that met the requirements, and the plaintiff's test ride and physical examination on that day confirmed that he was healthy. The plaintiff failed to prove that the old injury existed at the time of the transaction, and therefore disagreed with the rescission of the contract and the refund request.

Hengluo Lawyer's Agency Opinion:Xue SuhuaThe lawyer reviewed the evidence of the test ride before the transaction, the comprehensive physical examination report on the day of delivery, the official inspection report of the auction, and the WeChat records to prove that the plaintiff made the payment based on the recognition of the horse's condition. The plaintiff failed to fully prove that the old injury existed at the time of the transaction, which did not meet the statutory circumstances for rescission of the contract.

  • There is no objection to the trial ride on October 16, 2024, and the veterinary examination on October 18 showed that the horse is "fit for competition".
  • Submit the European inspection report of the auction in July 2024 to prove that the horses are in good health
  • Extract the WeChat records to prove that Liu ** actively cooperated and did not conceal or deceive anyone

IV. Outcome of the case

The court fully adopted the lawyer's opinion and concluded that: the plaintiff had tried riding the horse before delivery and raised no objections; both parties were present for a qualified physical examination on the day of delivery; the plaintiff claimed to have been lame for about a week but failed to provide sufficient evidence; the X-ray film he submitted showed bone spurs, but there was no evidence of this in the case; and the pre-purchase inspection report concluded that the horse was a qualified and healthy sport horse. According to the relevant provisions of the Sale Contract of the Civil Code of the People's Republic of China, the court ruled to reject all of the plaintiff Wang **'s claims, and the plaintiff shall bear the case acceptance fee of 16,500 yuan. The parties safeguarded their economic rights and interests.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXue SuhuaThe attorney (practice license number: 11101201211769926, subject to the documents issued by the judicial administrative organ) acts as the agent. Attorney's advice: Large-scale live animal transactions should also sign a written contract and stipulate inspection standards; if the buyer tries the horse and accepts the delivery without objection, but later rescinds the contract on the grounds of hidden defects, the buyer must provide evidence that the defects existed at the time of the transaction, otherwise it will be difficult to gain support. The seller should pay attention to keeping the medical examination and communication records to prove his innocence.

VI. Common Questions and Answers about Disputes over Sales Contracts

  1. Q: If I find out that the horse I bought has old injuries, can I return it?
    A:It is necessary to prove that the old injury existed at the time of delivery. If there were no objections during the test ride before delivery and the buyer passed the physical examination on the same day, the buyer's request for rescission of the contract due to insufficient evidence will usually be rejected.
  2. Q: Is an oral sales contract valid?
    A:It's valid. The absence of a written contract does not affect the establishment of the contract, but it makes it harder to provide evidence. It is recommended to sign a written agreement for large-scale transactions.
  3. Q: Does the seller have to compensate for the medical expenses incurred after delivery?
    A:If the buyer cannot prove that the medical expenses were caused by quality defects at the time of delivery, the court will generally not support the claim.
  4. Q: How can I prove that the seller concealed the defects?
    A:You can collect pre-delivery inspection reports, communication records, and third-party appraisal opinions to prove that there were contractual or statutory defects at the time of delivery.
  5. Q: What are the conditions for terminating the contract?
    A:It must comply with the statutory or contractual circumstances for termination, such as a fundamental breach of contract that renders the purpose of the contract un achievable, and the party claiming termination must provide evidence to support this claim.