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.'
Which of the following has the academic commentator deemed to be a material fact (select all that apply)?

Question

Quizplus · Accepted Answer

The material facts as identified by the academic commentator are that it was a dog that bit the woman and the dog had previously bitten someone, with the owner being aware of this. These elements are crucial for establishing the owner's liability in negligence, as they directly relate to the owner's knowledge and the risk posed by the dog. The breed of the dog or the gender of the victim are not highlighted as material to the legal principle established.

In Case 1, a Man Was Walking His Rottweiler Dog