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FACULTY: Ms. Shruti Kaakar

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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vinita choudhary
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15 views

FACULTY: Ms. Shruti Kaakar

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.

Uploaded by

vinita choudhary
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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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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