Liability for Animals Flashcards
O’Reilly v Lavelle
Johnson J “properly managed cattle should not wander on the road” “there is no matter more appropriate for the application of the doctrine of res ispa loquitur than cattle wandering on the highway”
Leeman v Montague
D’s chickens crowded loudly @ unreasonable hours of the night causing disturbance to P, court satisfied animal noises not usually considered disturbance in rural setting, present case constituted nusiance due to unreasonable hours and duration of the noise
Noonan v Harnett
application of RvF where cattle escaped where owner granted agister responsibility to care for the animls - if a person for his own purposes brings on his land something which was not there before and that thing is likely to do mischief if it escapes it is kept on the land at the peril of the person who brings it thereon
Scully v Mulhall
the fact that the animal is dangerous must be known to the owner or ought reasonably to be known (scienter rule)
Powell v McGlynn & Bradshaw
P hit by runaway horse, McG left it unattended to say goodnight to ladylover, B was owner, damages imposed against McG for failing to have regard to the danger created when he left the animal unattended
Scully v Mulhall
D led cow down country road, broke into gallop and knocked P off bicycle, never acted like this before and was a placid animal, court refused to hold D liable as they could not have foreseen nor guarded againsta risk they were not aware of
O’Gorman v O’Gorman
beekeeper liable for negligent management of bees
Winter v Owens
liability imposed on person who has possession or control over animals
Scienter rule 1
wild animals; imposes SL on owner as dangerous nature of animal is presumed
Scienter rule 2
tame animals; P must show D/owner aware of dangerous propensities before liability will attach, citerion not fulfilled P prove negligence on bal of probs
McMahon & Binchy
owner of a wild animal keeps it at his peril and if such an animal causes damage the owner is SL
Quinn v Quinn
D’s sow attacked P’s cow, had previously killed hens, D knew this and was held liable
Forster v Donovan
postman bitten by D’s dog, D warned post office not to go past gate but info not relayed to postman, D still liable but entitled to indemnity form PO
Line v Taylor
mere friskiness from the animal does not mean its dangerous
