- animals, liability for
the special area of law dealing with civil liability of people for the behaviour of animals.In England, prior to the Animals Act 1971, the owner was liable for an animal of a dangerous species – ferae naturae – or for one that was not of such a species if, but only if, the owner was aware of the animal's dangerous propensities.Under the Animals Act 1971 it is a matter of law whether an animal is of a dangerous species or not. Liability in respect of such animals is strict liability. Liability is fixed on the keeper. Liability for non-dangerous species depends upon knowledge of the particular beast being likely to cause severe damage. See Curtis v . Betts  1 All ER 769. Defences include contributory negligence and assumption of risk. Notably, it is not a defence to strict liability under the Act to show act of God or the act of a third party.In Scotland dogs are deemed to be within the category of animals likely to cause physical injury. The knowledge aspect is not part of the Scots statute: the Animals (Scotland) Act 1987. That Act imposes liability according to the zoological category of the animal (using the schedule to the Dangerous Wild Animals Act 1976) and according to the damage likely to be caused. Liability is upon the keeper, and the defences of assumption of risk and contributory negligence are available. In both Scotland and England the ordinary law of negligence applies.
Collins dictionary of law. W. J. Stewart. 2001.
Look at other dictionaries:
liability for animals — the special area of law dealing with civil liability of people for the behaviour of animals. In England, prior to the Animals Act 1971, the owner was liable for an animal of a dangerous species – ferae naturae – or for one that was not of such a… … Law dictionary
liability insurance — insurance covering the insured against losses arising from injury or damage to another person or property. * * * Insurance against claims of loss or damage for which a policyholder might have to compensate another party. The policy covers losses… … Universalium
strict liability — see liability 2b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. strict liability … Law dictionary
dangerous wild animals — a category laid down in the Dangerous Wild Animals Act 1976 that deals with licensing and criminal liability. The Act lays down a list of species that are thus deemed to be dangerous no matter how nice any particular member of the species may be … Law dictionary
List of Orders in Council for Northern Ireland — The is a list of Orders in Council for Northern Ireland which are primary legislation for the province when it is being directly ruled from London and also for those powers not devolved to the Northern Ireland Assembly. The Statutory Instruments… … Wikipedia
Dangerous Wild Animals Act 1976 — The Dangerous Wild Animals Act of 1976 (22 July) is a law of the United Kingdom that was originally enacted to deal with the increasing fashion in the late 1960s and early 1970s of people keeping interesting pets which were often from the more… … Wikipedia
tort — / tȯrt/ n [Anglo French, wrongful or illegal act, from Old French, injury, from Medieval Latin tortum, from Latin, neuter of tortus twisted, from past participle of torquēre to twist]: a wrongful act other than a breach of contract that injures… … Law dictionary
ferae naturae — fe·rae na·tu·rae / fir ē nə chu̇r ē, tu̇r , tyu̇r ; fer ˌī nä tü ˌrī/ adj [New Latin, literally, of a wild nature]: wild by nature: not usu. tamed ◇ Animals like wild ducks or bees are considered ferae naturae. At common law they cannot be… … Law dictionary
delict — de·lict /di likt/ n [Latin delictum misdeed, offense, from neuter past participle of delinquere to commit (an offense), err] 1 in the civil law of Louisiana: offense (2); esp: an offense other than breach of contract that creates an obligation… … Law dictionary
no-fault — a convenient phrase used to describe compensation systems that do not depend upon the claimant establishing the fault of some other person. The most often discussed is the New Zealand accident compensation system. However, even in the UK… … Law dictionary