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Cattle trespass information


Cattle trespass was an ancient common law tort whereby the keeper of livestock was held strictly liable for any damage caused by the straying livestock.[1] Under English law the tort was abolished by section 1(1)(c) of the Animals Act 1971,[2] but the tort continues to subsist in other common law jurisdictions, either in its original form as a common law tort,[3] or as modified by statute.[4]

Liability for cattle trespass is similar to, but conceptually distinct from, the old common law scienter action in relation to strict liability for animals which are known to be vicious. In many of the reported cases, claims for cattle trespass and scienter are pleaded in the alternative.[5]

  1. ^ Clerk, John Frederic; Lindsell, William Harry Barber (2010). Michael A. Jones; Anthony M. Dugdale (eds.). Clerk & Lindsell on Torts (21st ed.). 21-01. ISBN 9781847037961.
  2. ^ "Animals Act 1971". Retrieved 16 December 2016.
  3. ^ For example, in Ireland. See "Know the law: Don't let your stock cost you in Court". Retrieved 18 December 2016.
  4. ^ For example, in Bangladesh, see "Cattle Trespass Act 1871".; in India, see "Cattle Trespass Act 1977" (PDF).
  5. ^ Cite error: The named reference Cox was invoked but never defined (see the help page).

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