Re: Lynxes and beavers and bears - oh my!
- From: The Highlander <micheil@xxxxxxx>
- Date: Sun, 28 Oct 2007 16:48:49 GMT
On Sun, 28 Oct 2007 23:03:22 +1000, "Adam Whyte-Settlar" <none@none>
wrote:
That is not always true - there have been wolf attacks on humans in
"S Viemeister" <sheila@xxxxxxx> wrote in message
news:47240589$1@xxxxxxxxxxxxxxxxxxxxxxxxxx
Adam Whyte-Settlar wrote:
"S Viemeister" <firstname.lastname@xxxxxxxxx> wrote
It could be worse. There are some landowners who seem to want to turn
the whole area into a wild animal theme-park. And, of course, installing
big carnivores on the land, gives them a lovely excuse to deny free
access to the public. There go the right to roam laws.....
I doubt it would succeed. Not as efficiently as a budgie with nae teeth
anyway.
There's an article in today's Sunday (Glasgow) Herald you might find
interesting
<http://www.sundayherald.com/news/heraldnews/display.var.1791510.0.keep_out_wolves_about.php>
Here're the first few lines -
"THE MILLIONAIRE owner of a breathtaking Scottish wilderness has finally
confirmed what opponents have long suspected: humans will not be welcome
when wolves and bears are re-introduced to Sutherland under a
controversial scheme to restore the ancient Caledonian landscape.
In an exclusive interview with the Sunday Herald, Paul Lister, heir to the
MFI furniture fortune and owner of the 23,000-acre Alladale estate, called
for a "clear derogation" between the public and Scotland's so-called "big
five" - wolves, bears, boar, lynx and beaver - which he plans to release
back into the wild."
Don't worry about - it's not going to happen.
Even if it did the wolves would avoid humans like the plague.
Canada and allegedly in Russia.
Wolves, highly intelligent progenitors of the dog family, (all dogs
are descended from wolves) will vanish instantly if they spot a rifle
and have been exposed to its purpose before; as will bears.
However, once bears get the message that children are food, we could
see a rapid drop in the school-age population, bearing in mind that a
bear can overtake a galloping horse over a short distance... Anyone
tackling a hungry bear is more than likely committing suicide. As for
wolves, wild sheep are part of their natural prey and it won't take
them long to identify the home-grown, variety as a source of fine
gourmet dining.
Rylands vs. Fletcher, a universal principle of strict liability should
apply: to wit:
"If harm results from an abnormal, unnatural use of or hazardous
activity on defendant?s property or land, the defendant is responsible
for the consequences of that activity regardless of intent, fault, or
forseeability."
In other words, there is no excuse. Whoever causes the problems is
automatically fully liable for damages, etc. undiluted by
considerations of whether the type of damage was ?foreseeable.?
If Rylands vs. Fletcher is not part of Scots Law (yet) the following
citation, which even uses the key word Rylands, essentially covers
the situation.
MCQUEEN V GLASGOW GARDEN FESTIVAL
1994 TORT NEGL RYLANDS NON NATURAL USE
* spectator injured at firework display-sued convener of the festival
* held inter alia-convener liable as occupier of the land, using
inherently dangerous devices ,and non natural use of the land - device
within control and detonation and incident would not have occurred if
due care taken and that fault or negligence was established under res
ipsa.
In other words, the person who arranged the firework display was fully
liable for any injuries as the occupier of the land, using inherently
dangerous devices, and putting the land to a non-natural use, at least
as far as the Highlands of Scotland is concerned, where bears have
been extinct since the Middle Ages and the last wolf was killed by
Cameron of Lochiel in the 1700s, near Moy Hall, south of Inverness.
In a word, this man had better have a high, high fence and guards
patrolling them, as there is no law of trespass in Scotland, although
of course damage to crops are a different matter. There is also a
principle which assigns total liability on the part of anyone who
establishes something dangerous which may be inherently attractive to
children - like cuddly bears or poisoned foodstuffs to kill hoodie
crows.
.
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- Lynxes and beavers and bears - oh my!
- From: S Viemeister
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- From: Adam Whyte-Settlar
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