How have the principles of tortfeasor's law been interpreted in the context of the case law, and what are the principles with respect to animals generally?
British Columbia, Canada
The following excerpt is from Kirk v. Trerise, 1981 CanLII 430 (BC CA):
In Mason v. Keeling, supra, Lord Holt put the principles with respect to animals generally, in this way at p. 335: … If they are such as are naturally mischievous in their kind, he shall answer for hurt done by them without any notice; but if they are of a tame nature, there must be notice of the ill quality … (The italics are mine.)
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