An agister is a person who feeds or pastures livestock for a fee. Agistment contracts are generally subject to the law of bailments. The liability of an agister depends on the terms of the agreement. In the absence of a special contract, the agister is not an insurer against the escape of animals entrusted to his care, but the agreement may provide otherwise.
Title: Exploring the Essence of Guam's General Form of Agreement or Contract Introduction: In the realm of agriculture and animal husbandry, an important legal document paving the way for livestock care and management is the Agreement or Contract. This article aims to provide a comprehensive description of Guam's General Form of Agreement or Contract, shedding light on its purpose, components, and different types if applicable. Understanding Agreement: Agreement is a practice where a landowner (the aviator) allows another individual or farmer (the aristae) to keep and graze their livestock on their property for a specified period, typically in exchange for a fee. To ensure a transparent understanding between the parties involved, a General Form of Agreement or Contract is drafted, serving as a legally binding document detailing the terms and conditions of the arrangement. Key Components: 1. Parties involved: The agreement identifies the aviator (the landowner) and the aristae (the livestock owner). 2. Purpose: Explicitly stating that the agreement pertains to the grazing and maintenance needs of the livestock, emphasizing the specific location or designated area. 3. Term and Termination: Defines the agreed-upon period for which the livestock is allowed on the land, covering aspects like start and end dates, renewal options, and termination procedures. 4. Responsibilities of the aviator: Specifies the obligations of the landowner, which may include providing adequate fencing, water sources, and shelter, ensuring the animals' well-being and health. 5. Responsibilities of the aristae: Outlines the duties of the livestock owner, such as promptly paying the agreed fee, maintaining the health of the animals, and following any additional guidelines established by the landowner. 6. Fee Structure: Specifies the amount and frequency of payments, along with any additional terms related to late payments, penalties, or deposit requirements. 7. Risk and Liability: Outlines which party assumes responsibility for any damages, injuries, or losses incurred during the livestock's stay on the land. 8. Insurance Requirements: If applicable, the agreement may address the need for insurance coverage on the livestock or any required liability insurance. 9. Dispute Resolution: Specifies the methods for resolving potential conflicts between the aristae and the aviator, often employing mediation or arbitration as alternatives to litigation. 10. Governing Law: Establishes the jurisdiction under which the agreement is enforced, often specified to be the laws of Guam. Types of Guam's Agreement Agreements: While Guam's General Form of Agreement typically covers most agreement arrangements, there might be specific variations or specialized contracts catering to unique circumstances. Some additional types include: 1. Seasonal Agreement: Tailored to grazing needs during specific seasons and may carry different terms or restrictions. 2. Breeding Agreement: Focused on the breeding of livestock, encompassing specific care obligations or reproductive goals. 3. Commercial Agreement: Designed for large-scale commercial livestock operations, covering extensive grazing areas and encompassing comprehensive terms governing the business relationship. Conclusion: The General Form of Agreement or Contract plays a vital role in governing the arrangement between the aviator and aristae in Guam. Understanding its purpose, key components, and potential variations is essential for ensuring a fair, transparent, and mutually beneficial agreement. If the need arises, seeking legal counsel or professional advice to tailor the contract to specific requirements is always recommended.
