Legal Duty to Disclose Known Health Problems

In November 2004 we wrote here that "we are still concerned that, despite the ever increasing number of diagnosed cases in the UK and abroad, the syndrome has received little press coverage and has so far not been included in the list of Breed Potential Health Problems in the "doggie" magazines and journals." We are, at last in October 2006, very pleased to see that syringomyelia is now included in the Breed Health Problems and in the Breed Specifications relied upon by many potential buyers.

Every registered and responsible Cavalier breeder must now be aware of this potentially serious, costly and prevalent health problem. The legal principle of "caveat emptor" ("buyer beware") would surely be no defence where the Seller knowingly does not disclose this information to the potential Buyer. Breeders must be advised, indeed required, to comply with current Trade Descriptions and Trading Standards legislation, and disclose frequently diagnosed breed problems prior to contract of sale.

We now live in litigious times and the legal consequences of non-disclosure would, in our opinion, be liability for any consequent veterinary and ancillary costs. If for example, one purchased a highly desirable motor car, a Cavalier for example, as a consequence of enticing advertisements in the Trade Press describing that particular type and model, then one would be entitled at law to recover any consequent losses if the Seller had knowingly not disclosed a latent defect (ie. one which the Buyer could not be expected to see for himself) inherent in that model. We believe that this is precisely analogous to the buying of a KC Cavalier Spaniel.

Furthermore even if a breeder were to offer to make a full refund and to take back a stricken dog even that would not be adequate since, by nine or more months of age, the dog will have become part of a family and that family would not in all fairness be expected to return their pet without knowing for certain that it will be loved and cared for in an appropriate manner.

If you are a Member of the CKCS Club, love Cavaliers and are not satisfied with the way your committee is handling this particular health or other problems then please apply pressure to ensure that appropriate action is taken at Regional and National level.

If you intend to breed please follow Clare Rusbridge's recommendations as published on the CKCS website which formulates her advice to never breed from a suspect dog.

If you have or know of any dogs which may have syringomyelia, then alert your vet to your suspicions since early diagnosis is essential to minimise long-term damage to the dog.

In any case make sure that your local veterinarian is aware of this problem; talk to other breeders and judges about it to ensure that you are not using breeding-stock which may be carrying the defect.

If you are doing work for CKCS Rescue or a Pet Welfare Service please be aware and looking out for the problem? It is quite likely that afflicted dogs may be passed on to you for re-homing.

Insure your Cavalier.

Use your powers of persuasion. The CKCS Club must adopt an openly ethical, positive approach and sincerely embrace a Code of Ethics similar to that of the Italian Spinoni Club Does the CKCS Code compare favourably with that of the Italian Spinoni Breed Club at http://www.italianspinone.co.uk