ANIMALS ACT

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  • Created by: jesskeayy
  • Created on: 15-04-17 14:08
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  • 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)
    • 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.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'.
        • 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
            • Voluntary assumption of risk
      • MIVRAHEDY V HENLEY

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