Strict Liability Flashcards

1
Q

Actions involving liability without fault include:

A

o The actio de pauperie for harm caused by domestic animals,
o The actio de pastu for harm caused by grazing animals, or
o The actio de effuses vel deiectis and the action positi vel suspense for recovering damaging from the occupier of a building from which something was thrown, or something fell down.

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2
Q

To succeed in the actio de pauperie for harm caused by domestic animals, the plaintiff will have to prove 6 essential elements:

A
  • Harm,
  • Conduct by a domesticated animal,
  • A casual link between the conduct and the harm,
  • The defendant must have been the owner of the animal at the time of the injury,
  • The animal must have acted contrary to the nature of its breed, and
  • The animal must have acted from inward excitement or vice.
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3
Q

Defences to the actio de pauperie for harm caused by domestic animals:

A

o The defendant can rely on an external factor that provoked the animal’s harmful behaviour.
o Culpable conduct by the plaintiff that resulted in the harm will defeat a claim.
o Voluntary assumption of the risk of harm by the plaintiff will also defeat the claim.
o The owner of the animal can rely on a prior contractual undertaking not to claim damages in the event of harm occurring.

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