Faye Is a Wildlife Expert Who Works for a Major

question 61

Multiple Choice

Faye is a wildlife expert who works for a major zoo.Because her love of animals does not end when she leaves work each night,she has a number of exotic pets in her home,including a small capuchin monkey that she calls Kong.Unfortunately,although Kong had no history of violent behaviour,he viciously attacked a door-to-door canvasser named Ray who rang Faye's doorbell one evening.Which of the following statements is TRUE?

• A)Under the traditional common law rules,Faye cannot be held liable because Kong had not previously bitten anyone.
• B)Because the common law imposes unlimited and absolute liability on anyone who has control of a wild animal,Faye will be held liable for Ray's injuries and there are no defences that are available to her.
• C)Faye cannot be held liable unless the court is satisfied that she either carelessly controlled Kong or intentionally caused Kong to attack Ray.
• D)Even if she would otherwise be held strictly liable for Ray's injuries,Faye may escape liability by proving that before ringing her doorbell,Ray had seen a sign that clearly warned of the danger of wild animals and directed strangers not to approach the house and the court concluded that Ray had consented to the danger to being attacked by the monkey.
• E)Liability for wild animals is a type of intentional tort.