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Vol 21 No 11 Nov/Dec 2016

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Glanville Williams: Liability for Animals

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ISBN13: 9780521068116
ISBN: 0521068118
Published: January 1939
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Out Of Print - Very Scarce

.....An account of the development and present Law of Tortious Liability for Animals distress damage feasant and the duty to fence, in Great Britain, Northern Ireland and the Common-Law Dominions.

....from the preface
The scope of this work will be found on the title-page; it is a little wider than the short title would indicate. Besides the actions that redress injuries by animals, it takes in the whole of distress damage feasant and such parts of the law of fencing as affect the rules of cattle-trespass.

The book attempts the difficult task of satisfying both historian and practitioner. On the historical side the topic is, I think, a fascinating one. It throws a vivid light on primitive modes of thought, and on the stages by which they were outgrown. It marks a comparatively early departure from the archaic rule that liability was confined to personal acts. Yet the very precocity of this kind of liability gave it a character of its own; it has not been properly absorbed into the law of negligence. This is because the action of cattle-trespass and the action based on knowledge of an animal’s propensities, though meant to give a rough expression to the idea of negligence, were not in truth actions of negligence.

They antedated the action of negligence, and they might, and still may, impose liability in a case where there was no negligence. Thus a plaintiff at the present day is entitled to choose between an action of negligence and one of these actions imposing strict liability. This adds very much to the complexity of the law. Nor is the complexity confined to the subject of liability for animals, for these same two actions, together with the law of distress damage feasant, have now come to furnish analogies for the creation of new torts of strict liability for extra-hazardous acts.

This development invests the subject with a more general importance, for the law of cattle-trespass and of scienter thus comes to have a bearing on the whole question of strict liability versus liability for fault. I have devoted a chapter to the problem whether strict liability for animals can any longer be justified, and very similar considerations may be thought to apply to torts of the type of Rylands v. Fletcher.

But the bulk of the work is expository, not polemic. For the practising lawyer I have prefixed a summary of rules, and have tried to make the citation of authorities in the notes as comprehensive as possible. Full reference is made to such cases from all parts of the British Commonwealth as are authoritative upon the common law and are not decided solely upon local statutes. In addition there are three appendices dealing with the important legislation in the Dominions. Unfortunately the co-ordinates of space and time have prevented me from paying full attention to decisions in the United States, but some of the more interesting and important have been referred to.

I must acknowledge my deep indebtedness to my mentor, Professor Winfleld, who has given me the benefit of continuous advice and criticism while the work was in progress, besides reading through the final proof. His kindness does not, of course, involve him in responsibility for the views expressed. My thanks are also due to Mr H. G. Meek, of the New South Wales bar, for advice on some points of Australasian law, and to my mother for preparing the index of cases.

G.L.W. St John’s College, Cambridge. 6 December 1938

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Subjects:
Legal History
Contents:
BIBLIOGRAPHY AND INDEX OF ABBREVIATIONS
INDEX OF STATUTES
INDEX OF YEAR BOOK AND ANONYMOUS CASES
ALPHABETICAL INDEX OF CASES:-
ENGLAND
SCOTLAND
IRELAND
CANADA
AUSTRALIA
NEW ZEALAND
SOUTH AFRICA
BURMA, CEYLON, FEDERATED MALAY STATES, INDIA
FALKLAND ISLANDS
NEWFOUNDLAND
U.S.A.
SUMMARY OF THE SALIENT RULES OF MODERN LAW
INTRODUCTION
PART ONE: DISTRESS DAMAGE FEASANT
(NOTE. The words distrain and distress refer to
- distress damage feasant.)
I General Nature and Early History;
II The Subject-Matter of Distress;
III Persons who may Distrain
The Doctrine of Colour of Right;
IV Where a Distress may be Effected
V Wrongs remediable by Distress
Appendix I: Distress Damage Feasant and the Action of Recaption
VI Impounding
VII The Tender of Amends
Appendix II: Legislation on Distress Damage
Feasant in Scotland, Northern Ireland, the
Dominions, and India
PART TWO:THE ACTION OF CATTLE-TRESPASS
VIII Early History
IX Animals an Respect of which the Action may be Brought
X Wrongs for which the Action may be Brought
XI Parties, Defences, Relation to Other Remedies;
PART THREE: THE DUTY TO FENCE
XII Creation and Extinction of the Duty to Fence
XIII Scope of the Duty to Fence
Appendix III Legislation on the Duty to Fence in Scotland, Northern Ireland and the
Dominions
PART FOUR:THE ACTION OF NUISANCE, IN RELATION
TO LIABILITY FOR ANIMALS
XIV History and Present Law of the Action;
PART FIVE: THE SCIENTER ACTION;
XV Thing-Liability: Early History of the Scienter Action;
Appendix IV: Note on the Brunner-Wigmore Theory;
XVI Animals in Respect of which the Action may be Brought;
XVII Proof of Scienter
XVIII Wrongs for which the Action maybe Brought
XIX Parties, Defences, Relation to Other Remedies
XX Statutory Provisions applicable to Dogs;
Appendix V: Dominion Legislation affecting
Liability for Dogs and other Domestic Animals;
XXI Criticism of the Scienter Action ;
PART SIX: ANIMALS AND THE HIGHWAY;
XXII Cattle-Trespass and the Highway;
XXIII Nuisance and Negligence on the Highway
GENERAL INDEX