Strict Liability

Question 1

Actions involving liability without fault include:

Answer 1

o The actio de pauperie for harm caused by domestic animals,
o The actio de pastu for harm caused by grazing animals, or
o The actio de effuses vel deiectis and the action positi vel suspense for recovering damaging from the occupier of a building from which something was thrown, or something fell down.

Question 2

To succeed in the actio de pauperie for harm caused by domestic animals, the plaintiff will have to prove 6 essential elements:

Answer 2

• Harm,
• Conduct by a domesticated animal,
• A casual link between the conduct and the harm,
• The defendant must have been the owner of the animal at the time of the injury,
• The animal must have acted contrary to the nature of its breed, and
• The animal must have acted from inward excitement or vice.

Question 3

Defences to the actio de pauperie for harm caused by domestic animals:

Answer 3

o The defendant can rely on an external factor that provoked the animal’s harmful behaviour.
o Culpable conduct by the plaintiff that resulted in the harm will defeat a claim.
o Voluntary assumption of the risk of harm by the plaintiff will also defeat the claim.
o The owner of the animal can rely on a prior contractual undertaking not to claim damages in the event of harm occurring.