What was Behrens v Bertram Mills Circus 1957?

Answer 1

Behrens v. Bertram Mills Circus Ltd. is a case heard in England under the Queens Bench Division in 1957. Behrens was the plaintiff, the one who filed the suit against Bertram Mills Circus, and operated a funfair concession between Bertram Mills Circus ring and elephant house. Berhens brought his daughter to the circus, who brought her dog, Simba. Simba got loose and scared an elephant named Bullu during the elephant walk /parade. Bullu then proceeded to chase Simba, and subsequently caused physical damage to Behrens and the booth.

Behrens argument relied on the breach of an absolute duty laid upon the keeper of a dangerous animal to confine and control it (scienter retinuit), and failure to do so put them under strict liability (liability without fault).

The court sided with the plaintiff, Behrens, saying the circus needed to maintain control of the elephant (strict liability because of foreseeable harm, high degree of risk, and elephant ownership is uncommon, unusual, and inappropriate to a normal situation), as its relation to its species (wild elephants) suggests the animal is a risk . The court reasoned the defendant was liable in the same way as if they had let the elephant loose.