Jersey Judgment

Amy v Le Feuvre [1977] JLR 101 (07 September 1977)

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Professional case brief

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Source document

01

Holding and result

The owner of a dangerous animal is liable for injuries caused by the animal unless the plaintiff voluntarily assumed the risk, in which case recovery is barred; if the plaintiff is involuntarily placed at risk but contributorily negligent, damages are reduced.

Court disposition

liability subject to defences

02

Material facts

Parties

Amy

Plaintiff

Le Feuvre

Defendant

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The owner of a dangerous animal is strictly liable for injuries caused by the animal unless the plaintiff voluntarily assumed the risk.
Respondent
The plaintiff voluntarily assumed the risk of injury or was contributorily negligent, reducing or barring recovery.

05

Court’s reasoning

  1. 01

    common law

    Owners of animals dangerous by nature are obliged to keep them secured and are liable for injuries caused by them.

  2. 02

    common law

    A plaintiff who voluntarily assumes the risk of injury from a dangerous animal cannot recover damages.

  3. 03

    common law

    If the plaintiff is involuntarily placed at risk but is contributorily negligent, damages may be reduced.

06

Ratio, limits and disposition

Ratio decidendi

The owner of a dangerous animal is liable for injuries caused by the animal unless the plaintiff voluntarily assumed the risk, in which case recovery is barred; if the plaintiff is involuntarily placed at risk but contributorily negligent, damages are reduced.

Court disposition

liability subject to defences

Source and reliance status

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Source document

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Judgment

[1977] JLR 101

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BAILII >> Databases >> Jersey Law Reports >> Amy v Le Feuvre [1977] JLR 101 (07 September 1977) URL: https://www.bailii.org/je/cases/JLR/1977/JLR770101.html Cite as: [1977] JLR 101 [ New search ] [ Help ] Amy v Le Feuvre 1977 JLR 101 (07 September 1977) Animals-liability of owners-injuries caused by animals-Jersey bull dangerous by nature and owner obliged to keep it secured-plaintiff fails if voluntarily assumes risk of injury-if involuntarily placed at risk, still liable to reduction of damages if contributorily negligent The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1977 JLR 101 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1977/JLR770101.html

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