ABSTRACT
This chapter explains the common law basis for liability and aims to distinguish between dangerous species and non-dangerous species. It explores the statutory basis for liability for either and examines the law to factual situations and reach conclusions as to liability. Strict liability depended on whether the animals were ‘ferae naturae’ or ‘mansuetae naturae’. Liability is independent of fault. Liability is independent of knowledge of the animal’s dangerous characteristics. The minority judgments of Lords Slynn and Lord Scott argue that the correct interpretation of the sub-section meant that liability could not be imposed when the behaviour was normal at the particular time. The sub-section makes it clear that there will only be liability for damage caused by a non-dangerous animal if the dangerous tendency is known to the keeper. The basic principle of the Animals Act 1971 is that a person who keeps a dangerous animal has strict liability for any damage which the animal may cause.
