A landowner’s potential liability for dead and underweight cattle depends in the first instance whether his agreement with the owner of the livestock was a real property lease or a contract of agistment. If it’s a lease, then the landowner likely is not liable for the cattle owner’s losses. However, if it’s a contract of agistment, then the relationship between the parties is a bailment, with the landowner obligated to tend to the cattle as an ordinarily prudent man would take care of his own animals under like circumstances.
Publisher |
Legal Aid of Nebraska Farm & Ranch Project |
Publication Views |
1016 |
Material Type |
Written Material |