Judge rules on case of cow that got sick and died.

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Judge rules on case of cow that got sick and died. A farmer who sued another for breach of contract over a cow he bought at a clearance sale has lost his case. The cow got sick and had to be sent to the factory weeks after the sale. The farmer, who represented himself, claimed for the price of the cow (€1,370) and veterinary expenses which amounted to around €2,000 in total. The court heard that the cow had a left displaced abomasum (LDA) operation in 2015. The farmer said he wasn’t informed of this prior to purchasing the animal. “I wouldn’t have bought her if I knew she had been altered in any way. I bought the cow in good faith,” said the farmer. During an operation by the farmers vet scars and adhesions were discovered. When the vendor took the stand, he said the cow made a full recovery from that operation. “That cow was healthy. She got sick. It happens,” said the vendor. The solicitor for the vendor said there was no reason for the vendor to announce the cow had an operation because “there was absolutely no problem with the cow”. In a clearance sale, the solicitor said the conditions are read out beforehand, “All items sold as seen, no guarantee or warranty”. “Purchasers are bound by that terms of sale in the contract,” said the solicitor. The vendors vet said the LDA was “unrelated” to the cow’s subsequent illness. “If it was three weeks post-surgery, I’d say something but three years, no. It’s very unfortunate,” said the vendors vet. In a lengthy judgement, Judge O’Leary pointed to the fact that the farmers vet was not in court to give evidence about the cause and effect of the scars and adhesions he found when he operated on the cow. Judge O’Leary said the vendors vet said that after he conducted the initial operated the cow fully recovered, went back in calf, gave good milk yields and there were “no further problems”. “The vet said there was no connection between the operation between the first operation and the second operation. There was no evidence to the contrary,” said Judge O’Leary. Regarding the alleged obligation to disclose the information about the operation, Judge O’Leary said consumer law does not apply. “The rules of contract do apply. The terms and conditions were read out before the clearance sale – all items sold as seen, no guarantee or warranty,” said Judge O’Leary. Based on all the evidence, Judge O’Leary dismissed the farmers case. No costs were awarded against him.