Liability in Roman Law for Damage caused by Animals

Abstract

Classification of AnimalsIn Roman law all animals are either wild or domestic.(i) Wild: this category includes particularly those of an innate or natural feritas, and generally all animals not normally owned. Wild animals may, however, be owned and, as will be seen later, the owner may be under legal liability in respect of any damage done by them.(ii) Domestic: these are normally owned. As a species they do not show feritas, though individually they may. Those which do show feritas are therefore regarded as acting contra naturam (of the species). So a horse which is a kicker, or a bull which gores, both of vicious disposition, are nevertheless governed by the rules relating to domestic animals; and a fortiori the domestic animal which has temporary lapses into feritas, e.g., the mare which is touchy, does not cease to be a domestic animal in law.