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Amend the
Animals Act 1971 to limit strict liability for damage done by
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Be
it enacted by the Queen’s most Excellent Majesty, by
and with the advice and
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consent of the Lords Spiritual
and Temporal, and Commons, in this present
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Parliament assembled, and by
the authority of the same, as follows:—
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1
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Liability
for damage by animals
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(1)
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Section 2 of the Animals
Act 1971 (c. 22) (liability for dangerous animals) is
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(2)
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For subsection (2)(b) (non-dangerous
species: special characteristics)
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5
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“(b)
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the damage was due to an unusual
or conditional characteristic
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(3)
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In subsection (2)(c)—
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(a)
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for “those characteristics”
substitute “that characteristic, in the case of
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an unusual characteristic,”
and
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10
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(b)
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for “were” (in each
place) substitute “was”.
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(4)
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After subsection (2) insert—
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“(2A)
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A characteristic of an animal
is unusual if it is not shared by animals of
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(2B)
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A characteristic of an animal
is conditional if it is shared by animals of
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15
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that
species generally, but only in particular circumstances.
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(a)
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applies by virtue of a conditional
characteristic only if the
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damage
was caused in the particular circumstances (or one of
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20
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(b)
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does not apply by virtue of
a conditional characteristic if the
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keeper
of the animal at the time when the damage was caused
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shows
that there was no particular reason to expect that those
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circumstances
would arise at that time.”
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