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Keeping cats out of garden
Tom Gardner wrote in
: On 27/09/13 12:32, Baz wrote: Tom Gardner wrote in : On 26/09/13 20:07, Christina Websell wrote: the fact remains that it is recognised in law that you are able to train and control a dog and are responsible for what it does, but not a cat. There was the old AP Herbert "Misleading Case" where a neighbour sued because snails were being thrown over the fence into his garden and were damaging his prize vegetables. The case depended on the concept that unless legislation specifically states otherwise, animals are classed as either "tame and domesticated" or "wild and ferocious". Which would be the right classification for snails? Well, wild, as they are wild, So nobody has, or is assumed to have, any control over them - and hence there's no problem with them being displaced. After all, they could easily have wandered over there on their own and no complaint could have been made. and ferocious because they are ferocious to plants. I would think that is obvious. It is obvious but irrelevant in law. I think that as a point of law that the "thrower" could be seen to criminaly damage propety that does not belong to him. His intent is to throw an object, with the intent of damaging property not beloning to him. That is criminal damage. OK, so he very gently deposited them on the other side of the fence. No criminal damage resulted from that deposition. (ho ho) But of course AP Herbert, a distinguished lawyer, would have got such details right. IANAL. Hard to prove though. However more and more people install security cameras. As we all should. Written in 1930, so even cameras would have been uncommon I think that somewhere one of us, me or you, have grasped the wrong end of the stick. Let me say that i am only interested in how the law, as a means to an end, is aplicable today. Some bullshit written in the 1930's is hardly apt. Baz |
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Keeping cats out of garden
On 27/09/13 13:52, Baz wrote:
I think that somewhere one of us, me or you, have grasped the wrong end of the stick. That's you. Let me say that i am only interested in how the law, as a means to an end, is aplicable today. Some bullshit written in the 1930's is hardly apt. That "bullshit", its author, and the influence he had on our society will be remembered far longer than you will be remembered. Fortunately. |
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