Written by attorneys · grounded in primary & secondary sources — see below
A nonhuman living creature other than a human being.
Sources & Authorities
How it applies
Common Examples
6
Wild Animal Escape Liability
Alexandra Armstrong kept a tiger on her rural property despite reinforced enclosures. The tiger escaped and injured a neighbor's livestock. Alexandra faces strict liability for the harm even though she used the utmost care to prevent escape.
Religious Slaughter Ordinance
Andre Antoine's Santeria temple performed animal sacrifices according to its rituals. A city ordinance banned the precise method used in those ceremonies. The ordinance failed strict scrutiny because it targeted religious conduct rather than serving a neutral public-health goal.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Alan Ackerman contracted to sell pregnant mares to Adam Anderson. The contract identified the unborn foals at the time of sale. The foals qualify as goods under the UCC because they are unborn young of animals that are existing and identified.
Animal Care Trust Termination
Adrian Aguilar created a trust to provide for his two aging dogs. The trust supplied funds for veterinary care and daily needs. The trust ends automatically upon the death of the last surviving dog.
Negligent Act Affecting Animal
Ariana Azizi left a gate open near a busy road. She realized the open gate would likely cause her neighbor's horse to wander into traffic. Ariana's conduct constitutes negligence because it created an unreasonable risk of harm through the horse's movement.
Security Interest in Unborn Animals
Argonaut Shipping granted a security interest in its breeding herd to a lender. The agreement covered pregnant sows and their unborn piglets. The unborn piglets constitute goods to which the security interest attached when they became identifiable.
Common questions
Frequently Asked
4
How are unborn animals classified as collateral under Article 9?+
Unborn young of animals are expressly included in the definition of goods when a security interest attaches. They are further classified as farm products when the debtor is engaged in a farming operation.
When is a possessor strictly liable for harm caused by a wild animal?+
A possessor is subject to liability for harm done by a wild animal even when the possessor has exercised the utmost care to prevent escape. Liability is limited to harm resulting from a dangerous propensity characteristic of the animal class.
Can a trust be created solely for the care of an animal?+
A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or the last surviving animal if multiple animals are covered.
Does an ordinance targeting a religious method of animal slaughter violate the Free Exercise Clause?+
An ordinance that is not neutral or generally applicable because it targets a specific religious practice must satisfy strict scrutiny. Such an ordinance fails if it is not necessary to achieve a compelling governmental interest.
410 U.S. 113 (1973)Constitutional Law
…2.5.741; Hippocrates, Lib. de Nat. Puer., No. 10. Aristotle's thinking derived from his three-stage theory of life: vegetable, animal, rational. The vegetable stage was reached at conception, the animal at "animation," and the rational soon after live birth. This theory, together with the 40/80 day view, came to be…