Do cats have a &quot;right to roam&quot; in the UK? I've seen numerous sources, including the RSPCA, making claims along the lines that cats in the UK have a &quot;right to roam&quot;, are &quot;free spirits&quot;, and therefore that cat owners cannot be held liable for their cat's actions that cause damage. However, there appears to be no actual law that supports this. For instance, the Animals Act 1971 makes no mention of cats at all. As far as I can tell, the law is incredibly vague on this issue. Why, then, is there apparently widespread belief that cats have a right to roam? Is there legal precedent establishing this? If a cat owner were found liable in a county court for their cat having committed damages during their roaming, would there be any legal basis to challenge this decision?
The statement that cats cannot commit trespass is technically true, but is also a misreading of ss.4 and 4A of the Animals Act. Those sections replace a common-law doctrine called &quot;cattle trespass&quot;, which was a specific tort (a civil wrong) concerning what happens when my cattle stray onto your land. Both old and new rules apply only to livestock, so not just cows but other kinds of farm animals as well - but not to dogs or cats. Horses are a special case (s.4A). Since cats are not livestock, they cannot be the subject of cattle trespass and are not covered by section 4. Further, since they are animals, they cannot commit the tort of trespass at all. Animals themselves are not liable at law. As the keeper of cows, it would be me who was liable in a case of cattle trespass, not the cow. The point of s.4, and its predecessor in common law, is to make me liable for damage done to your property by my cows, regardless of whether I was negligent in the way I looked after them (it is a &quot;strict liability&quot;). The mere fact that they've strayed onto your land and done damage is enough. Because cats are not cows, this particular rule does not apply. That does not mean that cats can't be the subject of other torts. In particular, cats could be involved in the tort of nuisance, which covers all sorts of potential scenarios - noise, smells, etc. This has typically happened when there are lots and lots of cats. And under the Animals Act, the keeper of any animal may be liable for damage that it does, including physical injury or damage to property. Section 2 of the Act establishes a statutory distinction between whether I am liable for the damage, or strictly liable. In a scenario where I am strictly liable, you do not have to prove that I was negligent in my management of the animal. Broadly, that applies if the animal belongs to a dangerous species, or is unusually dangerous in itself. (There has been very complex litigation on this point which I am not discussing here.) If my cat is not a real vicious bastard of a cat, but just a regular cat, then I can still be liable for damage that he does: it's just not automatic. Following Rachael Mulheron's Principles of Tort Law (CUP, 2nd ed., 2016), for an action in negligence there are several key points - Proving that D, the owner/keeper of an animal, owed C a duty of care, where C was injured by that animal, has been a straightforward task. The court must be satisfied that a reasonable person in the position of D, the keeper of the animal, would foresee a real risk of injury to C arising from D's particular acts or omissions in dealing with the animal. Otherwise, in the absence of that foreseeability, a reasonable D would have done nothing different in response to the risk posed by his animal. To fall below the standard of reasonable care as a keeper of an animal, D must have failed to do that which a reasonable keeper would have done (to supervise/fence/control, etc, the animal), or have done something which a reasonable keeper would not have done. In damage-by-animals cases, C must prove that, as in the usual negligence action, D's failure to supervise/handle/care for the animals caused C's injury on the balance of probabilities. As in other negligence cases, there are various defences; if you hassled my cat and it scratched you, then that's your fault and not mine. From the material quoted above, we can see that for a normal cat in the UK, where the owner is not doing anything unusual by letting it roam freely outdoors (as is typical for UK cats), it is going to be hard to meet the tests. Things may be different if D knows that C is allergic to cats, or that the cat has been eyeing up C's delicious prize goldfish, or has a bone to pick with D's own cat and is likely to attack her, or something. Most of the big cases under the Animals Act have involved animals who are more likely to cause damage, such as dogs, horses and cows; a cat is only legally different because (1) unlike for dogs, horses and cows, there are no special rules applying to cats, and (2) factually, most cats don't do much harm. To that point, even if D is liable in the way described, C may not get very much out of them by way of damages. Defecation in C's garden is not pleasant, but is probably not worth a lot of money either.
It depends. The police and only the police decide what are and are not police matters. However, although it might not be a police matter, you still have lots of options at your disposal. For example, does your jurisdiction (city, town, municipality, etc.) have an animal control division? i.e., City dog catcher. Most do. If so, I would call the animal control division and file a report. They might possibly do a field visit and take the animal into custody if the animal is still roaming loose. If you sustained bodily injuries, you should get checked by a doctor and have those injuries documented in a medical report. If possible, you could drive by the property and take photos of the unchained dog roaming loose. Then, armed with your evidence consisting of: police report medical injury report animal control report and photographs of the scene You could (with the help of a licensed attorney) file a civil suit against the pet owner. You might be able to win an award for damages, pain and suffering and possibly punitive damages as well (check with your attorney). Also, your attorney could advise you if you might have a cause to move for an enforcement action against the dog and/or its owners that might or might not include having the animal removed from the owners custody or in extreme cases of negligence and bad behavior possibly "put to sleep." Your suit might focus on collecting from the homeowner's insurance policy of the pet owner and you could potentially collect a lot of money with the right set of facts and evidence on your side. You might want to look for an attorney who specializes in personal injury. Most PI attorneys work on a contingency. Meaning they don't charge an up front fee and will only get paid if you win your case or settle. In which case their fee is typically about 1/3 of what you get awarded in settlement or judgment.
It is not possible for someone to forfeit their rights because the GDPR is compulsory law. In the EU, laws can be regulatory or compulsory. In case of an agreement, regulatory laws can be set aside, if both parties agree on that. But compulsory laws cannot be set aside. Of course laws can also be partly compulsory. For example provisions which cannot be changed in disadvantage of a consumer. So there is freedom of contract, but it's freedom is reduced by law for the common good or for example to avoid misuse of bargaining power. In particular consumer related laws are often compulsory because it has little power against the other parties. Companies can have their negotiations done by lawyers, so they can make a well informed an well negotiated decision. As an extreme example, you cannot kill someone, even if that person has given you written permission. See also "Peremptory norm" on wikipedia for international law examples.
If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". Even if a state has a "stop and identify" statute, reasonable suspicion is a minimum requirement for seizing your person, even temporarily. Texas is not a state with an obligation to identify statute. I would not expect the state to be very helpful, given the facts as you report them. There might be others, such as the ACLU, who may be happy to discuss the particulars of your case. The police need to justify a stop in court, and not to the person being seized. I don't know if there is any case law saying that a false police statement to a detainee ("No, I don't have a reasonable suspicion") precludes claiming in court that there was reasonable suspicion, but it should at least make the claim of reasonable suspicion less credible. They do have to have reasonable suspicion, and they do not have to tell you what that suspicion is. OTOH if they are just harassing bicyclists, that would be illegal.
You have the right to notify the owner of the car of their vehicular trespass and the consequences of that. You do not have the right to damage the car in giving said notice. You have the right to offer to clean the gum off whatever part of the car you stuck the notice to. If you succeed in cleaning it,the other party will not have a legal cause of action, in all likelihood, since there is no damage (though with a bit of imagination they might come up with some 'missed business opportunity' loss). The court would probably find your choice of sticker to be negligent (put the notice under the wipers? use painter's tape -get some if you don't have any). The rationale 'we had no other choice' holds no water: there are alternatives. 'Criminal Damages' is a concept in UK law, but it relates to willful damage such as vandalism, not accidents. It would be an issue if you had planned to cause damage, but that seems not to be the case here.
In the US, the laws that govern habitable residences and the related issues - such as land zoning, health regulations, sewer and water services, private and commercial building codes, etc. - are very localized at the city and county levels. So you need to check with the city and county where you want to place such a structure and determine the relevant laws. Commercial buildings are much more heavily regulated than private residences. (And some federal laws and codes could supersede local laws.) Many cities and counties have their zoning and building codes and requirements online, as well as permitting systems to apply for building and utility hookup permits. It's true that some counties in the US have minimal zoning or building codes, so yes, you could move a shed to land you own in that county and build your own road, haul your water, put up solar panels, dig an outhouse, and not deal with any - or very few - regulations. But cities and towns will be much more regulated, since zoning and building codes are used to insure public safety, and services such as water and sewer are supported by taxes and protect public health. In other words, you may not legally be able to live in a shed that does not have city sewer, water and electric service. There may also be building codes for minimum size of bedrooms, egress windows for fire, ventilation, heating systems, so even if a small house is sold as a complete residence in a package, it may not pass local building codes. Breaking zoning, building and health codes can result in the local inspectors visiting and determining if the residence is up to code; they will not typically need a warrant or your permission to enter. They can order you to bring the residence up to code, if possible; or condemn the structure and require you to move out.
If they have no legal grounds then it would be trespass to chattels However, they do have legal grounds. Following the procedure laid out in the relevant Act makes the car refuse under the Act notwithstanding your opinion. Move it or lose it. Or seek an injunction preventing the council removing the vehicle- this will likely fail.
too long, didn't read: You would be liable for a claim for breach of contract. The self-isolation guidance is voluntary in this scenario and in any event the relevant legislation allows you to leave to &quot;fulfil a legal obligation&quot; such as completing a contract. Therefore, the court would probably give judgment for the claimant on the facts you've given us. Your requirement to self-isolate The Government guidance for self-isolating on suspicion of, or a positive test for, coronavirus is entirely voluntary. You are only subject to legal obligations to self-isolate, and the associated risk of a £1,000 fine, if you enter England from a non-exempt country under Clause 4 of the Health Protection (Coronavirus, International Travel) (England) Regulations 2020. Therefore, in the given situation, you would not be legally obliged to remain within the property for the entirely of the quarantine period. You would be able to seek alternative accommodation. Indeed, even if you were subject to Clause 4, subclause 9(c) explicitly states: (9) During the period of their self-isolation, P may not leave, or be outside of, the place where P is self-isolating except— (c) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings, Fulfilling the terms of the contract of sale would count as needing to &quot;fulfil a legal obligation&quot; so you would not be fined under the legislation and it would not be a defence to any lawsuit. The court's view Given that the self-isolation guidance is voluntary and, in any event, the relevant legislation has the &quot;legal obligation&quot; escape hatch, the court would likely treat this as a standard breach of contract and find that you had no exceptional circumstances that caused you to breach the contract by failing to vacate the property on the day of completion. Conclusion You would be open to a claim for breach of contract. Your defence would be unlikely to succeed on the merits and the court would likely side with the claimant.