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Terms and Conditions were last updated on 3 Aug 2008
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You and Your Rights
Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We
are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.
Actio De Pauperie
An owner of a domesticated animal can be sued for damage
caused by the animal acting 'contrary to the nature of its kind',
in other words, while not acting as a well- behaved animal of its
species should have done. For liability to arise, the animal must
have acted 'from inward excitement or vice', meaning that its
behaviour must not have been caused by some external factor, such
as fright, annoyance or provo-cation by the injured party or by a
third person. Also, the injured party (or animal) must have been
lawfully at the place where the harm was caused and the blame for
the injury must not lie with the person or animal, even in part.
The action may be brought even though there was no negligence on
the part of the owner of the animal. (See animals; animals on the road.)
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Originally published by and copyright © 1997, 1992 - The Reader's Digest Association South Africa (Pty) Ltd, Cape Town.
All rights reserved. Management and editing of articles by Legal City CC, additional copyright © 2000 - 2010
Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
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