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?
• 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?
