Nominate Torts Animals Liability Notes

LIABILITY FOR ANIMALS • Neat • Strict liability for damage caused by animals which falls into 3 categories: a) General common law principle - negligence, nuiance, tresspass b) Special common law c) Statutory liability • Trespass, nuisance, scienter, negligence > they are all actions depending on the case. GENERAL COMMON LAW A) NEGLIGENCE Howard v Bergin & O'Connor D failed to use platform provided to load a bullock. Failed to lock gate to public road. Failed to attend to cattle. Result = P's injury arising from D's negligence B) PUBLIC NUISANCE Cunningham v Whelan P's horse and cart damaged by D's bullocks on highway. 24 bullocks involved amounted to obstruction = nuisance and recovery allowed. - Amount unreasonable C) PRIVATE NUISANCE O'Gorman v O'Gorman D's bees swarmed on plaintiff's land. P thrown from his horse. - Maintenance and number of bees render the circumstance unreasonable D) CATTLE TRESSPASS • If you drive cattle into another person's land, this is trespass to land and general principles apply. • Cattle that stray fall under a cattle trespass rule Cattle trespass rule • Confined to cattle but broad interpretation • Strict liability if they stray on own will • Defences differ E) OCCUPIER'S LIABILITY - The Occupier's liability act reformed common law rules relating to injuries on an occupier's land - Q as to whether the act replaced common law for injuries caused by animals on occupier's land, or do separate rules apply? McMahon v Binchy says: * Separate liability for animals F) RYLAND'S V FLETCHER • If you can establish that the keeping on the animals was unnatural use of the land, may be actionable under this rule SPECIAL COMMON LAW A) Cattle trespass • Identifiable breeds of cattle from case law: Horses, sheep, goats, pigs, asses, domesticated deer, fowl • Not dogs, cats and domestic • Cattle trespass applies to cattle that stray from: - One field adjoining another - One field adjoining the highway to another field Kennedy v McCabe - Doesn't apply to cattle driven onto the road - you must prove negligence PROPER DEFENDANT • Cattle owner or land owner from which cattle have strayed? Dalton v Sullivan Landowner leased grazing land to cattle owner and agreed to herd the cattle for him. The owner of the cattle lived 100 miles away - Ownership not sufficient alone Winter v Owens - D owner, personally fed and tended to the animals liable DAMAGE to: Cronin v Connor - Land and crops McCabe v Delaney - Injury to animals Wormald v Cole - Personal injury DEFENCESAct of god Plaintiff's fault Contributory negligence 3rd party fault ANIMALS AND THE HIGHWAY • Rural setting Searle v Wallbank - Immunity for animals on highway • Abolished by Animals Act 1985

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