Animals straying on to highway
8Duty to take care to prevent damage from animals straying on to the highway
(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 on to a highway is hereby abolished.
(2)
Where damage is caused by animals straying from unfenced land to a highway 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 common land, or is land situated in an area where fencing is not customary, or is a town or village green; and
(b)
he had a right to place the animals on that land.