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4. (a) That's right. In New South Wales, South Australia and the ACT such cases are dealt with under the tort of Negligence and this is a possibility in other jurisdictions too. But in the other jurisdictions there are also special rules that apply when harm is caused by animals that are, by nature, wild rather than domesticated - for example, monkeys, elephants, or lions. These rules apply even to individual 'wild' animals that have been tamed.

The rules say that anyone who acquires or takes control of animals classed as 'wild' is presumed to know that they are dangerous (for which reason the action is often referred to as 'scienter' from the Latin 'scire', to know). If the animal causes injury, the person concerned is liable, even if they are not legally the owner (or in possession) when the injury occurs.

Behrens v Bertram Mills Circus Ltd [1957] 2 QB 1.