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That rabbits come on the earth of the claimant and it can take them, when they on it
To the earth and to use to the benefit "v. Hardy, 548, 547, 77 Eng. Rep. 216, Cro Eliz..
- c makes comments:
"The atavistic idea that animals are guilty again expresses, instead of
The land owner. Certainly, it is impossible to consider reasonable introduction of such approach in
The modern law on rest and order infringements. If And builds the house or puts
The tree so that flows down a rain or drips on the earth In, this action makes And,
And it here it; but if And plants on the earth of rabbits, so they
Make attacks on the earth In, this action is made by rabbits, and And for it not
Responds - such is feature of the division entered by the decision on business
- "Williams, p. 243, Op cit..
It is necessary to recognise that the decision on business of Boulstona looks a little unusual.
It is possible to make the person responsible for the troubles created by a smoke
Or an opposite smell, without decision-making that it is
The proprietor of a smoke or smell. And a rule used in business by Boulstona, not
It was always observed in cases with other animals. For example, in the course of Bland
Against Jetsa 58 Sol. J. 612 (1913 - 1914), v. Yates it has been decided that
It is possible to forbid the maintenance of an unusual and excessive stock in a judicial order
Manure in which flies and it the neighbour's house get divorced. A question on that,
Who posesses flies, did not rise. The economist would not want to challenge it,
Because legal altercations by time look a little strange. But
There are powerful economic reasons in support of Williams's idea that a problem
Responsibility for animals (in particular for rabbits) it should be interpreted in
Frameworks of the usual law on rest and order infringements. The reason not that
The damage liability is born only by what shelters rabbits; that,
Which crop was gone, also it. And considering that costs of the market
Transaction do redistribution of the rights impossible until we not
We learn concrete circumstances, we cannot tell, it is desirable or not
The damage liability putting on, caused by rabbits to neighbours, on that,
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