Liability for Animals & Fires

Question 1

Howard v Bergin

Answer 1

• D was negligent in allowing the escape of cattle while unloading them at Heusten Station
• Liable for harm caused by the cows

Question 2

Powell v McGlynn & Bradlaw

Answer 2

• Defendant liable after leaving a horse trap unattended on a road

Question 3

O’Gorman v O’Gorman

Answer 3

• Beekeeper negligently let bees escape

Question 4

Scienter Principle

Answer 4

• Common law rule that provides that the owner of a wild animal is strictly liable for any damage it causes
• If animal is considered ‘tame’ then liability will only attach to the owner for any damage caused if it is proven that the owner knew of the animal’s ‘mischievous propensity’
• This knowledge was enough to be aware of its mischievous propensity

Question 5

Quinn v Quinn

Answer 5

• Where the defendant’s sow attacked and killed the plaintiff’s cow
• Evidence that the sow had killed a sow before
• This knowledge was enough to be aware of its mischievous propensity

Question 6

McKenzie

Answer 6

• Party may be liable for negligently starting or failing to control a fire