Re: Define Stray Pets/Animala
When you declare that a tenant can feed wild animals without violating the lease provision that would mean all wild animals, not just birds.
What "intepretation in the law" are you looking at that makes the language unclear?
Re: Define Stray Pets/Animala
Whenever a court looks at the language of a statute or contract or lease, they look at it in the plain language. So if you want to look at "stray pets and animals" you see that you cannot feed animals or perhaps stray animals. That is pretty clear but it would be ridiculous that a lease would state that you cannot feed animals. So you must interpret that to mean stray animals. We are animals, our pets are animals.
And if you want a technical interpretation of the law as to who owns or has a possessory interest in the animals (the birds) that are Ferae Naturae , it is the landlord who owns the property. I can't see any argument that says that wild birds are stray pets.
Re: Define Stray Pets/Animala
No, that is not correct. It is perfectly reasonable to conclude that such a clause prohibits feeding any stray pets or wild animals. To the extent that the lease permits tenants to have pets, the language can be easily harmonized -- you can't feed somebody else's pets or wild animals, but you can feed your own (non-straying) pets. What would be absurd is to pretend that "animals" does not include "wild animals", or to pretend that "animals" includes only some categories of animals but not others based on... what would it be... wishful thinking?
If your best defense of your position is that wild birds are not stray pets, quite obviously nobody here has ever disagreed. However, they are wild animals, just like the pack of wolves you contend could not be fed under the governing lease term.
If you are advising the tenant to go to court and argue that the birds aren't wild animals because any time they perch on the landlord's real estate they become the landlord's property, well... it will make a great "You wouldn't believe what this guy argued in court today..." war story for the judge and any lawyers who are present. And guess what -- your argument would also apply to a pack of wolves.
Re: Define Stray Pets/Animala
I made my argument and I acknowledge that your knowledge is beyond mine. So I leave you with the last word.:friendly_wink:
Re: Define Stray Pets/Animala
Please don't encourage the crazy bird lady into thinking she is right. She can go to the park and feed birds.
Re: Define Stray Pets/Animala
I think the OP is a troll who incited an argument between two of our regulars and is likely sitting on the sideline laughing.
Re: Define Stray Pets/Animala
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adjusterjack
I think the OP is a troll who incited an argument between two of our regulars and is likely sitting on the sideline laughing.
When is a bird not a bird? (Sorry, just can't help myself.)
http://www.law.indiana.edu/instructi...on/Ojibway.pdf
Re: Define Stray Pets/Animala
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L-1
That pretty much sums up the legal system sometimes. Maybe OP can cite the case in her court answer.
I guess I missed the mark on trying to be somewhat absurd. Didn't you see the :friendly_wink: in my initial post?
Re: Define Stray Pets/Animala
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budwad
That pretty much sums up the legal system sometimes. Maybe OP can cite the case in her court answer.
I guess I missed the mark on trying to be somewhat absurd. Didn't you see the :friendly_wink: in my initial post?
I didn't miss it. I think the whole thread is funny.