39Liability of registered veterinary surgeons for veterinary services performed on behalf of veterinary services entities

39 Liability of registered veterinary surgeons for veterinary services performed on behalf of veterinary services entities

(1)  [Section 39 Subsection (1) amended by No. 49 of 2011, s. 32, Applied:12 Dec 2012] Notwithstanding any law to the contrary, where a registered veterinary surgeon performs a veterinary service on behalf of a veterinary services entity for a person, that veterinary surgeon is personally liable to that person in respect of the performance of that veterinary service or any matter or thing arising out of the performance of that veterinary service, whether the contract for the carrying out of that veterinary service was entered into between that veterinary surgeon and that person or not.

(2)  [Section 39 Subsection (2) amended by No. 49 of 2011, s. 32, Applied:12 Dec 2012] Where more than one registered veterinary surgeon performs a veterinary service on behalf of a veterinary services entity for a person, those veterinary surgeons are jointly and severally personally liable to that person as provided in subsection (1) .

(3)  [Section 39 Subsection (3) amended by No. 49 of 2011, s. 32, Applied:12 Dec 2012] [Section 39 Subsection (3) amended by No. 49 of 2011, s. 32, Applied:12 Dec 2012] Where one or more registered veterinary surgeons are, pursuant to subsection (1) or (2) , personally liable to a person in respect of the performance of a veterinary service on behalf of a veterinary services entity or any matter or thing arising out of the performance of such a veterinary service, nothing in either of those subsections prevents that person from bringing an action in respect of the performance of that veterinary service or that matter or thing against the veterinary services entity in addition to, or instead of, bringing the action against one or more of those veterinary surgeons.