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An Act to make provision with respect to civil liability for damage done by animals and with respect to the protection of livestock from dogs; and for purposes connected with those matters |
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(a) | the
rules of the common law imposing a strict liability in tort for damage done
by an animal on the ground that the animal is regarded as ferae naturea
or that its vicious or mischievous propensities are known or presumed to
be known;
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(b) | subsections
(1) and (2) of section 1 of the Dogs Act 1906 as amended by the Dogs (Amendment)
Act 1928 (injury to cattle or poultry); and
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(c) | the
rules of the common law imposing a liability for cattle trespass.
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This
Act does not extend to Scotland.
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(a) | the
damage is of a kind which the animal, unless restrained, was likely to cause
or which, if caused by the animal, was likely to be severe; and
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(b) | the
likelihood of the damage or of its being severe was due to characteristics
of the animal which are not normally found in animals of the same species
or are not normally so found except at particular times or in particular
circumstances: and
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(c) | those
characteristics were known to that keeper or were at any time known to a
person who at that time had charge of the animal as that keeper’s servant
or, where that keeper is the head of a household, were known to another
keeper of the animal who is a member of that household and under the age
of sixteen.
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This
Act does not extend to Scotland.
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This
Act does not extend to Scotland.
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(a) | damage
is done by the livestock to the land or to any property on it which is in
the ownership or possession of the other person; or
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(b) | any
expenses are reasonably incurred by that other person in keeping the livestock
while it cannot be restored to the person to whom it belongs or while it
is detained in pursuance of section 7 of this Act, or in ascertaining to
whom it belongs;
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This
Act does not extend to Scotland.
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(a) | that
the animal was not kept there for the protection of persons or property;
or
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(b) | (if
the animal was kept there for the protection of persons or property) that
keeping it there for that purpose was not unreasonable.
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This
Act does not extend to Scotland.
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(a) | which
is not commonly domesticated in the British Islands; and
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(b) | whose
fully grown animals normally have such characteristics that they are likely,
unless restrained, to cause severe damage or that any damage they may cause
is likely to be severe.
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(a) | he
owns the animal or has it in his possession; or
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(b) | he
is the head of a household of which a member under the age of sixteen owns
the animal or has it in his possession;
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This
Act does not extend to Scotland.
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(a) | at
the end of a period of forty-eight hours, unless within that period notice
of the detention has been given to the officer in charge of a police station
and also, if the person detaining the livestock knows to whom it belongs,
to that person; or
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(b) | when
such amount is tendered to the person detaining the livestock as is sufficient
to satisfy any claim he may have under section 4 of this Act in respect
of the livestock; or
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(c) | if
he has no such claim, when the livestock is claimed by a person entitled
to its possession.
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This
Act does not extend to Scotland.
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(a) | the
land is common land, or is land situated in an area where fencing is not
customary, or is a town or village green; and
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(b) | he
had a right to place the animals on that land.
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This
Act does not extend to Scotland.
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(a) | that
the defendant acted for the protection of any livestock and was a person
entitled to act for the protection of that livestock; and
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(b) | that
within forty-eight hours of the killing or injury notice thereof was given
by the defendant to the officer in charge of a police station.
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(a) | the
livestock or the land on which it is belongs to him or to any person under
whose express or implied authority he is acting; and
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(b) | the
circumstances are not such that liability for killing or causing injury
to the livestock would be excluded by section 5(4) of this Act.
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(a) | the
dog is worrying or is about to worry the livestock and there are no other
reasonable means of ending or preventing the worrying; or
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(b) | the
dog has been worrying livestock, has not left the vicinity and is not under
the control of any person and there are no practicable means of ascertaining
to whom it belongs.
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(a) | an
animal belongs to any person if he owns it or has it in his possession;
and
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(b) | land
belongs to any person if he is the occupier thereof.
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This
Act does not extend to Scotland.
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Words
in square brackets substituted by the Limitation Act 1980, s 40(2), Sch
3, para 10.
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This
Act does not extend to Scotland.
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“common
land”, and “town or village green” have the same meanings as in the Commons
Registration Act 1965;
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This
Act does not extend to Scotland.
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This
Act does not extend to Scotland.
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Sub-s (2): amends the Dogs Act 1906, s 1, and the Dogs (Amendment) Act 1928, s 1(1). |
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