In case 1, a man was walking his Rottweiler dog in the park. The dog bit a woman in an unprovoked attack. The dog had bitten someone before and the owner was aware of this. The Court of Appeal decided that that the man was liable. According to an academic commentator, the ratio of the case is: 'The owner of a dog that had bitten someone before, where the owner was aware of this, is liable in negligence for any injury caused in a public place.' In case 2, a woman was walking her German Shepherd dog in the park. The dog bit a child in an unprovoked attack. The dog had never bitten anyone before. The Court of Appeal decides that the woman is liable and that the ratio is, in fact, that 'the owner of a dog is liable in negligence for any injury caused in a public place regardless of whether the dog had bitten before or whether the owner was aware of this'.
In case 3, an Alsatian dog bit a postman while in its owner's front garden. The dog had never bitten anyone before. The Court of Appeal decides that the owner is liable on the grounds that 'the principle of liability established in case 2 is applicable, even where the dog is on private property and not in a public place, whether or not the dog has bitten someone before and the owner is aware of this.'
In case 4, a man was walking his Chihuahua dog in the woods. The dog bit a teenager. The dog had never bitten anyone before. The Court of Appeal decide that the man is not liable, stating that: 'We are not bound to follow cases 1, 2 and 3 because a Chihuahua dog cannot be classified as dangerous. Liability was imposed in cases 1, 2 and 3 because the dogs in question were objectively dangerous breeds which are capable of inflicting serious wounds.'
In case A, a man is walking his Alsatian dog in the park. His dog bites another dog. The question before the Court of Appeal is whether the owner of the Alsatian is liable in negligence on the basis of the principles established by cases 1-4. The Court of Appeal decide by a 2:1 majority that the man is not liable because: 'Liability has only ever been imposed where an objectively dangerous breed of dog has bitten a human being. In this case, the dog in question has bitten another dog and thus the previous cases can be distinguished on the facts.'
The dissenting judge, Dawson LJ, states that 'the man should be liable because the Court of Appeal has specifically imposed liability "for any injury caused" in cases 1, 2, and 3'.
The Supreme Court decide unanimously. They state that the legal position is now as follows: 'An owner of an objectively dangerous breed of dog will be liable in negligence for any injury caused, whether to a human being or animal, on public or private property.'
In coming to this conclusion, the Supreme Court has done which of the following (select all that apply)?
A) Approved case A (as decided by the Court of Appeal).
B) Approved the dissenting opinion of Dawson LJ.
C) Overturned case A (as decided by the Court of Appeal).
D) Distinguished cases 1, 2 and 3 on the facts.

Complete the Following (Select All That Apply): the Ratio Decidendi

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