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Mansuetae naturae: Difference between revisions
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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. | 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. | '''''Held''''', had Rex been a [[tiger]], or a [[scots terrier]], it might have succeeded. A similar action was found in {{casenote1|In Re Bassett}} about a flatulent bloodhound who was partial to Scotch eggs. | ||
A water reservoir is, in the eyes of the law<ref>{{casenote|Rylands|Fletcher}}, again.</ref> | 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 bloodhound with a weakness for meat-covered eggs is a [[domesticated animal]] with a tendency to fart on things. | ||
[[Chicken Licken]] is a domesticated animal with a known predisposition to drafting impenetrable [[disclaimers]]. | [[Chicken Licken]] is a domesticated animal with a known predisposition to drafting impenetrable [[disclaimers]]. | ||
{{sa}} | {{sa}} | ||
To be contrasted with ''wild'' animals ''[[ferae naturae]]''<ref>Like [[lion]]s, [[tiger]]s and Scots terriers.</ref>. | To be contrasted with ''wild'' animals ''[[ferae naturae]]''<ref>Like [[lion]]s, [[tiger]]s and Scots terriers.</ref>. | ||
*{{casenote1|In Re Bassett}} | |||
{{ref}} | {{ref}} | ||
{{C3|Tort|Latin|Egg}} | {{C3|Tort|Latin|Egg}} | ||