Date: Wed, 28 Mar 2007 18:28

From: Michael Jones

Subject: John Murphy and more on animals

Michael

In the case of my father, there might well be a principle (indeed, a fact) of excessive force.

Two points in response:

1. The level of force may well depend on the dog. If it were a chihuahua the force needed would be considerably less than if it were a pitbull terrier or a doberman. Given the capacity for dogs like pitbulls to cause extremely serious harm or death, I would have thought that almost no level of force could be excessive.

2. Although the old adage, "every dog is allowed its first bite" probably stems from the scienter rule, these days, in the UK at least, a dog that causes serious injury to a human is usually put down, even if it is a first "offence". So the owner may have some difficulty in proving loss.

Michael

--------------------------------------
Michael A. Jones
Professor of Common Law
Liverpool Law School
University of Liverpool
Liverpool
L69 3BX

Phone: (0)151 794 2821
Fax: (0)151 794 2829
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From: michael furmston
Sent: Wed 28/03/2007 01:36
Subject:

As a dog-loving contract lawyer I hesitate to intervene but it is Sunday evening - at least in Sydney.

In the case of Michael's father might there not be a principle of excessive force?

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