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The House of Lords and the Animals Act: Closing the Stable Door
Published online by Cambridge University Press: 24 November 2003
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Where the Animals Act 1971 applies, keepers of animals are strictly liable for damage caused by their animals. Where it does not apply, liability is negligence-based. As a matter of fairness, one might expect strict liability when keepers are in a much better position to control the relevant risks than potential victimswhen, for example, the animals concerned are exotic creatures about which the general public can be expected to know little. As an economic matter, one might expect strict liability when the degree of harm flowing from the relevant accidents is more sensitive to the number of animals kept than to the level of activity of whatever the victim was doing. The Act, however, is only distantly built on these principles.
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