Mansuetae naturae: Difference between revisions
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An [[animal]] of a type generally considered to be domesticated, gentle, tame, and therefore more apt to serve (or be eaten by) than to attack (or eat) its [[master]]. | An [[animal]] of a type generally considered to be domesticated, gentle, tame, and therefore more apt to serve (or be eaten by) than to attack (or eat) its [[master]]. | ||
Dogs, (domestic) cats, cows, geese, hamsters: these are [[mansuetae naturae]]. If such a beast causes one’s [[neighbour]] an injury, its [[master]] will only be liable if {{sex|he}} knew<ref>Or ''ought to'' have known? Not clear.</ref> that the [[animal|beast]] had a tendency to engage in the sort of perfidious behaviour which ultimately befell the [[plaintiff]] — in {{casenote|Rex|Huggins}} the mutt in question was an elderly beagle with no history | Dogs, (domestic) cats, cows, geese, hamsters: these are [[mansuetae naturae]]. If such a beast causes one’s [[neighbour]] an injury, its [[master]] will only be liable if {{sex|he}} knew<ref>Or ''ought to'' have known? Not clear.</ref> that the [[animal|beast]] had a tendency to engage in the sort of perfidious behaviour which ultimately befell the [[plaintiff]] — in {{casenote|Rex|Huggins}} the mutt in question was an elderly beagle with no known history of incontinence. His master not being liable, to recover the dry-cleaning bill, Mr. Huggins joined Rex to the action. The action succeeded at first instance but was overruled on appeal. | ||
'''''Held''''', had Rex been a [[tiger]], or a [[scots terrier]], it might have succeeded. | |||
A water reservoir is, in the eyes of the law<ref>{{casenote|Rylands|Fletcher}}, again.</ref>, a sort of [[domesticated animal]] with a known predisposition to leak on things. | A water reservoir is, in the eyes of the law<ref>{{casenote|Rylands|Fletcher}}, again.</ref>, a sort of [[domesticated animal]] with a known predisposition to leak on things. | ||
Revision as of 14:48, 2 June 2017
Of an animal[1], “by its nature, tame”. From the Latin.
An animal of a type generally considered to be domesticated, gentle, tame, and therefore more apt to serve (or be eaten by) than to attack (or eat) its master.
Dogs, (domestic) cats, cows, geese, hamsters: these are mansuetae naturae. If such a beast causes one’s neighbour an injury, its master will only be liable if he knew[2] that the beast had a tendency to engage in the sort of perfidious behaviour which ultimately befell the plaintiff — in Rex v Huggins the mutt in question was an elderly beagle with no known history of incontinence. His master not being liable, to recover the dry-cleaning bill, Mr. Huggins joined Rex to the action. The action succeeded at first instance but was overruled on appeal.
Held, had Rex been a tiger, or a scots terrier, it might have succeeded.
A water reservoir is, in the eyes of the law[3], a sort of domesticated animal with a known predisposition to leak on things.
Chicken Licken is a domesticated animal with a known predisposition to drafting impenetrable disclaimers.
See also
To be contrasted with wild animals ferae naturae[4]. Plain English Anatomy™ Noun | Verb | Adjective | Adverb | Preposition | Conjunction | Latin | Germany | Flannel | Legal triplicate | Nominalisation | Murder your darlings
References
- ↑ or deliberately collected body of water: see Rylands v Fletcher.
- ↑ Or ought to have known? Not clear.
- ↑ Rylands v Fletcher, again.
- ↑ Like lions, tigers and Scots terriers.