Duty to take care to prevent damage from animals straying onto the public road7
1
So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying onto a public road is hereby abolished.
2
Where damage is caused by animals straying from unfenced land onto a public road a person who placed them on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing them there if—
a
the land is situated in an area where fencing is not customary; and
b
he had a right to place the animals on that land.