Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/5656
Title: Animals, liability for
Contributor(s): Lunney, Mark  (author)orcid 
Publication Date: 2008
Handle Link: https://hdl.handle.net/1959.11/5656
Abstract: The law has provided remedies for those injured by animals from earliest times, no doubt a reflection of the widespread practice of keeping animals and the propensity of certain animals to do damage if they escaped from their keeper's control. Apart from allowing claims for injury where the keeper has been negligent, a special liability regime, instituted by the Animals Act 1971 (UK), also applies to animals. This regime traces its history to the old action of 'scientia' whereby the keeper of certain types of animal was strictly liable (that is, without fault) for damage caused by that animal, and to the action for cattle trespass whereby the owner of cattle was strictly liable for any damage to property caused by cattle trespassing on another's land. In the 'scientia' action a distinction was made between animals dangerous by virtue of their breed, such as lions and elephants ('ferae naturae'), and animals of a breed not considered dangerous ('ferae manseuto').
Publication Type: Entry In Reference Work
Source of Publication: The New Oxford Companion to Law, p. 34-34
Publisher: Oxford University Press
Place of Publication: Oxford, United Kingdom
ISBN: 9780199290543
Field of Research (FOR): 180126 Tort Law
Socio-Economic Outcome Codes: 940499 Justice and the Law not elsewhere classified
HERDC Category Description: N Entry In Reference Work
Other Links: http://www.oup.com.au/titles/academic/law/jurisprudence/9780199290543
http://trove.nla.gov.au/work/26201345
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School of Law

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