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ABANDONMENT
for torts, a term used in the civil law. By the Roman
law,
when the master was sued for the tort of his slave, or the owner for
a
trespass committed by his animal, he might abandon them to the
person
injured, and thereby save himself from further responsibility.
2. - Similar provisions have been adopted in Louisiana. It is
enacted by
the civil code that the master shall be answerable for all the
damages
occasioned by an offence or quasi offence committed by his slave.
He may,
however, discharge himself from such responsibility by abandoning
the slave
to the person injured, in which case such person shall sell such
slave at
public auction in the usual form, to obtain payment of the damages
and costs,
and the balance, if any, shall be returned to the master of the
slave, who
shall be completely discharged, although the price of the slave
should not be
sufficient to pay the whole amount of the damages and costs,
provided that
the master shall make abandonment within three days after the
judgment
awarding such damages, shall have been rendered, provided also
that it shall
not be proved that the crime or offence was committed by his
order, for in
such cases the master shall be answerable for all damages
resulting
therefrom, whatever be the amount, without being admitted to the
benefit of
abandonment. Art. 180, 181.
3. - The owner of an
animal is answerable for the damages he has caused,
but if the animal had
been lost, or had strayed more than a day, he may
discharge himself from
this responsibility, by abandoning him to the person
who has sustained the
injury, except where the master has turned loose a
dangerous or noxious
animal, for then he must pay for all the harm he has
done, without being
allowed, to make the abandonment. Ib. art. 2301.
Source: Bouviers Law Dictionary 1856 Edition
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