Mansuetae naturae: Difference between revisions

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Of an [[animal]]<ref>or deliberately collected body of water: see {{casenote|Rylands|Fletcher}}.</ref>, “by its nature, ''tame''”. From the {{tag|Latin}}.  
Of an [[animal]]<ref>or deliberately collected body of water: see {{casenote|Rylands|Fletcher}}.</ref>, “by its nature, ''tame''”. From the {{tag|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.  
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 — to that point in time — of targeted incontinence. To recover the dry-cleaning bill, Mr. Huggins Joined Rex  to the action directly.
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 — to that point in time — of targeted incontinence. To recover the dry-cleaning bill, Mr. Huggins joined Rex  to the action. The action failed. 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 16:23, 4 November 2016

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 history — to that point in time — of targeted incontinence. To recover the dry-cleaning bill, Mr. Huggins joined Rex to the action. The action failed. 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.

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

  1. or deliberately collected body of water: see Rylands v Fletcher.
  2. Or ought to have known? Not clear.
  3. Rylands v Fletcher, again.
  4. Like lions, tigers and Scots terriers.