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    FACULTY: Ms. Shruti Kaakar

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    vinita choudhary
    The document analyzes liability for damage caused by animals under tort law. It discusses three heads of liability: the scienter rule, cattle trespass, and ordinary liability in tort. The scienter rule imposed strict liability for harm directly caused by an animal to a person. Cattle trespass refers to when cattle stray from one's land onto another's. Ordinary liability in tort examines when an animal's actions could lead to other types of liabilities involving scienter, such as unreasonable interference. Liability may arise from general tort principles based on negligence or notions of strict liability.

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    FACULTY: Ms. Shruti Kaakar

    Uploaded by

    vinita choudhary
    14 views10 pages
    The document analyzes liability for damage caused by animals under tort law. It discusses three heads of liability: the scienter rule, cattle trespass, and ordinary liability in tort. The scienter rule imposed strict liability for harm directly caused by an animal to a person. Cattle trespass refers to when cattle stray from one's land onto another's. Ordinary liability in tort examines when an animal's actions could lead to other types of liabilities involving scienter, such as unreasonable interference. Liability may arise from general tort principles based on negligence or notions of strict liability.

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    The document analyzes liability for damage caused by animals under tort law. It discusses three heads of liability: the scienter rule, cattle trespass, and ordinary liability in tort. The scienter rule imposed strict liability for harm directly caused by an animal to a person. Cattle trespass refers to when cattle stray from one's land onto another's. Ordinary liability in tort examines when an animal's actions could lead to other types of liabilities involving scienter, such as unreasonable interference. Liability may arise from general tort principles based on negligence or notions of strict liability.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    14 views10 pages

    FACULTY: Ms. Shruti Kaakar

    Uploaded by

    vinita choudhary
    The document analyzes liability for damage caused by animals under tort law. It discusses three heads of liability: the scienter rule, cattle trespass, and ordinary liability in tort. The scienter rule imposed strict liability for harm directly caused by an animal to a person. Cattle trespass refers to when cattle stray from one's land onto another's. Ordinary liability in tort examines when an animal's actions could lead to other types of liabilities involving scienter, such as unreasonable interference. Liability may arise from general tort principles based on negligence or notions of strict liability.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    FACULTY: Ms.

    Shruti Kaakar
    “ CRITICAL ANALYSIS OF TORTS CLAIM
    ON LIABILITY FOR ANIMALS.
    Liability for animals

    People who keep animals whether they are


    dangerous or non-dangerous animals are under
    a duty of care to prevent harm to other people
    by their animals.
    Includes:

    The liability for the damage done by animals can


    be studied under the following three heads :
    • SCIENTER RULE.
    • CATTLE TRESPASS.
    • ORDINARY LIABILITY IN TORT.
    SCIENTER RULE

    The scienter action is a category within tort


    law in some common law jurisdictions that
    deals with the damage done by an animal
    directly to a human. It had a long history in
    English law until it was abolished by the
    Animals Act 1971.
    (a) Liability for keeping animals “ferae naturae”
    Ferae naturae is a Latin word which means, of a wild
    nature. A qualified property in such animals might be
    acquired by taking or taming them or while they are on
    one's estate. Other examples taken from cases: bees,
    rats, foxes bears and wild geese.

    (b) Liability for keeping “mansuetae naturae”


    Mansuetae naturae is a Latin term meaning animals
    which are generally domestic, presumed gentle and
    readily tamed. For example, dogs, cats, cows and horses.
    CATTLE TRESPASS
    At the very outset a distinction must be made
    between Cattle Trespass on the one hand and
    the personal trespass which one may commit
    through the medium of one's animals. If, for
    example, my cattle stray from my land and go
    onto the land of another, this is properly
    called cattle trespass.
    ORDINARY LIABILITY IN TORT:
    The activities that animals engage in can lead to
    other kinds of liabilities that may involve scienter.
    For instance, an animal’s owner may have scienter
    if he keeps his animal is such a manner that it
    unreasonably interferes with his neighbour’s
    enjoyment of his property.
    CONCLUSION
    First, in so far as liability may arise under the general
    principles of tort it may be based either on the fault
    concept (Negligence, Trespass to Person, etc.) or it may
    be based on notions of strict liability.
    Second, the scienter rule when it applies imposes strict
    liability on the keeper of the animal. Similarly, strict
    liability arises by statute for injury done by dogs to
    cattle.
    Third, the law imposes strict liability for cattle trespass.
    And fourth, the law confers immunity on the owner of
    cattle which cause injury while straying on a public
    highway.
    Thank you

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