Tuesday, February 24, 2009

Bava Kamma 58 - An Animal That Fell into a Garden (Torts)

If an animal fell into a garden and was saved from injury by the produce, the owner pays for the benefit of saving it from injury. The owner can't claim that his friend was doing a mitzvah saving his animal.

If the animal continues eating, the owner pays for not having to feed it next time. Once the animal knows its way to the garden, the owner is liable if he doesn't watch it more closely.

If the owner was negligent and has to pay full damages in the field, they are estimated as a  loss in value of a field sixty times larger, with similar damage.

Art: Animal Study by Nicolaes Berchem

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