An agistment contract is a subcategory of bailment contracts, under which someone (the agistor) agrees to keep and care for the animals of another. It is a contract for taking in and feeding horses or other cattle on pasture land, in return for payment of consideration, such as a weekly or monthly fee. The existence of an agistment contract requires proof that 1) a duty of care for the animals was bargained for and agreed to by the landowner, and 2) the animals were delivered in good condition.
If an agistment contract is proven and the animals are harmed or lost while in the exclusive control of the agistor, the agistor is presumed to be negligent in his/her duty of care for the animals and must produce evidence to rebut this presumption.
