Liability for Animals

Question 1

What are the four classifications of animal liability?

Answer 1

a. Liability for cattle trespass
b. Liability for dangerous animals
c. Liability for dogs
d. Liability for negligence

Question 2

What are the applicable sources of law for liability for animals in Jamaica?

Answer 2

Common law and the Trespass Act

Question 3

What is the liability for cattle trespass?

Answer 3

Where cattle in the possession of an individual intentionally or unintentionally stray on someone’s property

Question 4

What is the principle in Cox v Burbridge (1863) 143 ER 171

Answer 4

If you own an animal that can be considered your property under the law, you have a responsibility to ensure that it does not enter your neighbor’s property. If it does, you are responsible for any damage caused by the animal, regardless of whether the animal escaped due to your negligence or not.

Question 5

Wormald v Cole [1954] 1 All ER 683

Answer 5

A heifer belonging to the Defendant, knocked down and trampled the Plaintiff while trespassing in her garden. The Plaintiff sustained grievous injuries

Issue: Whether a Defendant may be liable for injuries sustained to Plaintiff where the Defendant’s cattle caused injury to the Plaintiff

Held: An occupier has a right of action and may recover damages which are the reasonable and natural consequences of the trespass

Question 6

What is the Principle in Wormald v Cole [1954] 1 All ER 683

Answer 6

An occupier has a right of action and may recover damages which are the reasonable and natural consequences of the trespass

Question 7

Is there any liability for cattle trespassing from the highway?

Answer 7

No, the owner of land running next to public road is deemed to have consented to run the risk of the dangers incident to the ordinary, on-negligent use of the highway

Question 8

What does Scienter mean?

Answer 8

scienter refers to the owner’s knowledge of the animal’s dangerous tendencies or propensity to cause harm.

Question 9

What are the two classifications of Scienter?

Answer 9

Animals that are ferae naturae and animals that are mansuetae naturae

Question 10

What does ferae naturae mean?

Answer 10

Animals that are naturally fierce, wild and dangerous

Eg-lions, tigers, gorillas, bears and elephants

Question 11

What does mansuetae naturae mean?

Answer 11

naturally tame animals, harmless

Question 12

In what circumstances is the keeper of an animal mansuetate nature liable for harm caused by that animal?

Answer 12

the particular animal has shown a propensity in the past to do harm of that kind

the owner or keeper is proved to have had knowledge of such propensity

Question 13

What is the principle in McIntosh v McIntosh (1963) 5 WIR 398

Answer 13

where a domesticated animal
does something which is merely an exercise of its natural propensity, damage caused
as a result is not recoverable.

Question 14

Who can be sued for liability under the scienter doctrine?

Answer 14

the person who keeps and control the animal

Question 15

What defences are available to a defendance for a scienter claim?

Answer 15

contributory negligence

volenti non fit injuria- a person who knowingly and voluntarily risks danger cannot recover for any resulting injury.

Question 16

What is the principle in Wright v Callwood [1950] 2 KB 515

Answer 16

Where no special circumstances exist, negligence cannot be established merely by proof that a defendant has failed to provide against the possibility that a tame animal of mild disposition will do some dangerous act contrary ot its ordinary nature