Everyone knows that Joji loves animals. If he finds them, he always gives them something to eat and when he can, he also takes them home. But times have been tough for him, so these days he only keeps food for himself and his family. His neighbor Lugezi bumped into him last week and told him that he has become negligent because he does not pick up the stray animals that wander into their village and he should be ashamed and if possible arrested. Jojo wants to know if he is indeed guilty of failing to care for these stray dogs.
WHAT DOES THE LAW SAY?
‘Duty of care’ in simple terms refers to the obligation to take proper care to avoid causing injury to another person.
First, the law does not force you to have duty of care over everyone. However, we may have this duty of care depending on where we are (for example, driving on a highway), what we do for a living (for example teaching or repairing cars), who we do these things for (for example caring for children, the sick, guarding property etc.).
In some cases, the law itself imposes this duty. For example, the law gives parents and guardians a legal duty to look after their children. If they fail at this duty and the child starves, or does not get the care they need, it may be said that that parent has been negligent, and the police may arrest this parent or guardian for 'child neglect'.
As the owner of a swimming pool or jacuzzi, if for some reason, the pool or jacuzzi leaks and floods your neighbor's house destroying their property, then you may be guilty of negligence. This is because you have a responsibility (legal duty) to make sure that your water which you brought onto your land does not cause damage to other people.
In Joji’s case, the law does not expect or force you to feed stray animals but there is a legal duty for you NOT TO cause the animals harm or injury by for instance, beating or otherwise injuring them. This duty is imposed by the Animals (Prevention of Cruelty) Act which is a written law in Uganda.
📷: #Animal_Legal_Defense_Fund
#BarefootLaw
#osutayusuf
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