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Duty to take care to prevent damage by animals straying on to public road.
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2.—(1) So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by an animal straying on to a public road is hereby abolished.
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(2) (a) Where damage is caused by an animal straying from unfenced land on to a public road, a person who placed the animal on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing it there if—
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(i) the land is situated in an area where fencing is not customary, and
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(ii) he had a right to place the animal on that land.
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(b) In this subsection “fencing” includes the construction of any obstacle designed to prevent animals from straying, and “unfenced” shall be construed accordingly.
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