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16 Holdsworth L. Rev. 145 (1993-1994)
The Animals Act 1971: A Dog's Breakfast

handle is hein.journals/holdslr16 and id is 149 raw text is: THE ANIMALS ACT 1971: A DOG'S BREAKFAST? FBAN(OIS BARKER' I INTRODUCTION The civil law relating to injuries caused by animals, as with those caused in other ways, essentially fulfils two functions. Its principal role is as a mechanism through which accident victims can claim compensation. Its secondary function is an educational one in helping to deter conduct likely to cause accidents.2 This is, of course, an oversimplification. It would be unrealistic to see the machinery of the civil law as the sole, or even the principal, provider of compensation to accident victims. Most actions are settled out of court and, in these cases, the practices of insurance companies play a major part in deciding the quantum of compensation. The state also provides assistance to accident victims through the welfare state, both in the form of cash payments (such as income support and invalidity benefit), and other benefits in kind such as the National Health Service and rehabilitation centres.3 Similarly, deterrence is more typically associated with the criminal law, and sanctions such as imprisonment, fines and the destruction of offending animals, rather than the prospect of being obliged to pay an award of damages in a civil action. However, for those accident victims who end up in court, a sound civil legal framework is essential. A framework (or any part of it) which is unclear or outmoded will be ineffective as a medium of compensation. Further, the general deterrent effect of civil sanctions depends upon clarity within the legal framework as regards both the commission of the wrong in question and the identification of the person rcsponsible: [gjeneral deterrence involves the use of compensation rules to provide indirect incentives to people to behave Lecturer in Law, University of Hull. I owe thanks to Raymond Smith. Nicholas Parry and Professors Roger Brownsword, Ferdinand von Prondzynaki and Paul Fairest for their help with earlier drafts of this paper. I am also grateful to Peter Cook and Dr Richard Young for their comments on the final version. Any remaining weaknesses are naturally my responsibility alone. 2 See P. Cane, Atiyah's Accidents, Compensaion and the Law, (London: Butterworth& Law in Context, 5th ad., 1993), Sh.18. 3 Cane, supra, note 2. pp.8-10; ch.15.

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