Topic 6. Liability for animals test. Liability for animals. Question 1. Which common-law areas of tort can be used to make a claim in cases involving animals?. Liability for animals. Answer 1. It is possible to bring a successful action in torts such as: negligence nuisance
Liability for animals test
Which common-law areas of tort can be used to make a claim in cases involving animals?
How does s.6(2) of the Animals Act 1971 define dangerous animals?
A dangerous species is defined by s.6(2) of the Animals Act 1971as a species:
(a) not commonly domesticated in the British Isles; and
(b) whose fully grown animals normally have such characteristics that they are likely, unless restrained, to cause severe damage or that any damage that they may cause is likely to be severe
Who is the ‘keeper’ according to the Animals Act 1971?
The ‘keeper’ of the animal is responsible for it
and is defined in s.6(3) as the person who:
(a) owns the animal or has it in his or her possession, or
(b) is the head of a household of which a member under the age of 16 owns the animal or has it in his or her possession
What three things must be proved in order to establish liability for damage caused by a non-dangerous animal?
What happened in the case of Cummings v Grainger (1977)?
The defendant kept an Alsatian guard dog on his scrap yard. The claimant was bitten by the dog when she entered the yard with a friend who was an employee there. All three parts of the test were satisfied, yet the defendant was not liable has he had a defence under s.5(2) and s.5(3).
If livestock trespasses onto another person’s land, what does s.7 allow that person to do?
Under s.7, the claimant may detain the animal until he or she receives compensation for the damage it has caused or the expenses incurred from looking after it. If the claimant does not receive payment within 14 days, he or she can sell the animal at public auction, keep the money owed and give the remainder to the animal’s keeper. If the claimant is going to exercise this right of detention (formally known as ‘distress damage feasant’), he or she must inform the police within 48 hours.
Which defence failed in the case of Matthews v Wicks (1987)?
The defendant’s sheep were grazing on common land and the highway. Some of the sheep trespassed in the claimant’s garden and caused damage. The defendant could not rely on the defence contained in s.5(5), as it was not a lawful use of the highway.
Under s.3 of the Animals Act 1971, what are the four defences available to the keeper of a dog that injures livestock?
Which type of liability is governed by s.8 of the Animals Act 1971?
Animals straying onto the highway.
What happened in the case of Davies v Davies (1975)?
The defendant grazed his sheep on common land where his mother was entitled to do so. The claimant collided with one of the defendant’s sheep and claimed damages. The defendant was not liable under s.8, as he was licensed by the owner to graze his animals on the unfenced common land.