What is the test for determining whether a person can be held liable for damages caused by a cat in an enclosure?

Saskatchewan, Canada


The following excerpt is from Chalefour v. Cretien, 1930 CanLII 197 (SK QB):

For a consideration of the principles involved in an action like the one at bar I cannot do better than refer to the decisions in Manton v. Brocklebank [1923] 2 K.B. 212, 92 L.J. K.B. 624, particularly that of Atkin, L.J. at pp. 228 et seq. That was a case of one horse being injured by another while both were lawfully in the same enclosure. An authority in which the facts were more nearly similar to those of the present case is Buckle v. Holmes [1926] 2 K.B. 125, 95 L.J.K.B. 547. There the owner of a cat was sued for the damage done by it in killing the fowls and pigeons of a neighbour upon the premises of the latter. The headnote in this case puts the matter most succinctly as follows: A cat belongs to the class of animals mansuetae naturae. For mischief done by it in following the common instincts of its kind, its owner is not liable. To make him liable he must have knowledge of some vicious propensity beyond those common instincts.

Other Questions


What is the remoteness of damage in determining whether a person’s negligence causes it to happen? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
What is the test for determining whether a coupling between a vehicle and a crane is a cause of damage to the vehicle? (Saskatchewan, Canada)
What is the test for determining whether a person is liable for sexual assault? (Saskatchewan, Canada)
What is the test for determining whether a horse owner is responsible for damage caused to another horse by his mare? (Saskatchewan, Canada)
What is the standard for determining whether a person can be found to have committed acts of cruelty against another person? (Saskatchewan, Canada)
In what circumstances will the city of Regina be liable for damage caused by a water main failure? (Saskatchewan, Canada)
What is the test for determining whether a person has true jurisdiction before an administrative tribunal? (Saskatchewan, Canada)
What factors will determine whether an employer is vicariously liable for sexual assault? (Saskatchewan, Canada)
What is the test for determining whether a tenant can claim damages for non-payment of rent? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.