Sibongile is the owner of a cow. She discovers that it has foot-and-mouth disease and decides to abandon the animal by the side of the road, because she does not want it to infect the rest of her herd. The next day, Florence walks by, sees that the cow is unaccompanied, and decides to take it home with her. Can Florence legally become the owner of the cow? Explain your answer.
Florence cannot legally become the owner of the cow. According to the common law, an animal that is not picked up within two weeks after it was due to be picked up is the one that is deemed to be abandoned. In this case, Sibongile might still decide to come for the cow the following day with the required medication to ensure it is cured. The main intent of abandoning it on the way was to save others from being infected. But still, she legally owns the cow until 14 days elapse, and that is when it will be considered an abandoned animal, and Florence would legally own it.
Comments
Leave a comment