ANIMALS ACT
- Created by: jesskeayy
- Created on: 15-04-17 14:08
View mindmap
- Animals
- A person under the 1971 act that keeps a dangerous animal has strict liability for any damage the animal may cause.
- A person who keeps a domesticated animal is usually regarded as harmless will only be liable if the animal is known to have unusual characteristics, making it potentially dangerous.
- Liability is imposed on the 'keeper' of the animal.
- S.6(3)(a) person is the keeper if he owns the animals or is in possession of it.
- S.6(3)(b) he is the owner of the household of which a chjild under 16 owns the animal.
- Keeper is liable under S.6(3)
- S.6(3)(b) he is the owner of the household of which a chjild under 16 owns the animal.
- S.6(3)(a) person is the keeper if he owns the animals or is in possession of it.
- Dangerous animals defined under S.6(2)
- S.6(2)(a) dangerous animals are animals not commonly domesticated in British Islands.
- S.6(2)(b) fully grown animals that are likely to cause damage unless retrained are dangerous.
- BEHRENS V BERTRAM
- TUTIN V CHIPPERFIELD
- S.6(2)(a) dangerous animals are animals not commonly domesticated in British Islands.
- S.2(1)- liability for dangerous animals
- S.2(1) any damage caused by an animal belonging to a dangerous species, the keeper will be liable for.
- S.2(2)- liability for non-dangerous animals
- S.2(2) the keeper is liable for any damage caused by a non-dangerous animal if...
- S.2(2)(a) the damage was likely to happen if the animal was not restrained.
- SMITH V AINGER
- CURTIS V BETTS
- Even in the case of dangerous animals, the danger can be caused by the weight and size of the animal.
- S.2(2)(b) the likelihood of the damage being severe was due to characteristics of the animal, not commonly found.
- CUMMINGS V GRAINGER
- The keeper cannot escape liability merely because the animal is potentially dangerous, only at certain times.
- BREEDON V LAMPARD
- If animals of the same species behave the same at certain times, this cannot be deemed an 'abnormal characteristic'.
- CUMMINGS V GRAINGER
- S.2(2)(c) the characteristics were known to the keeper.
- DHESI V CHIEF CONSTABLE
- Defences found under S.5(1)
- CUMMINGS V GRAINGER
- S.5(3)(a) provides liability to trespassers
- CUMMINGS V GRAINGER
- Voluntary assumption of risk
- Defences found under S.5(1)
- DHESI V CHIEF CONSTABLE
- S.2(2)(a) the damage was likely to happen if the animal was not restrained.
- MIVRAHEDY V HENLEY
- S.2(2) the keeper is liable for any damage caused by a non-dangerous animal if...
Comments
No comments have yet been made