Behrens v Bertram Mills Circus Ltd

Subject Matter

ANIMAL — Ferae naturae — Elephant — Whether ferae naturae — Liability of owner for acts of animal ferae naturae not flowing from savage disposition — Whether wrongful act of third party a defence — Midget injured when booth in funfair knocked down by elephant — Elephant irritated by dog introduced into booth by third party — Prohibition against introduction of dogs — Tame Burmese circus elephant — Midgets licensees of booth — Knowledge by midgets that elephants passing booth — Applicability of maxim volenti non fit injuria.

DAMAGES — Personal injuries — Husband and wife — Both midgets — Choice of husband not to work while wife incapacitated — Exceptional dependence of married midgets upon each other — Choice reasonable — Husband entitled to recover loss of earnings during period of wife's incapacity.

JUDICIAL PRECEDENT — Ratio decidendi — Two reasons for decision — Both binding.

RYLANDS V FLETCHER — Rylands v Fletcher — Volenti non fit injuria

[1957] 2 QB 1; [1957] 2 WLR 404, QBD