Abandonment for torts

ABANDONMENT for torts, a term used in the civil law. By the Roman law, whenthe master was sued for the tort of his slave, or the owner for a trespasscommitted by his animal, he might abandon them to the person injured, andthereby save himself from further responsibility.
2. Similar provisions have been adopted in Louisiana. It is enacted bythe civil code that the master shall be answerable for all the damagesoccasioned by an offence or quasi offence committed by his slave. He may,however, discharge himself from such responsibility by abandoning the slaveto the person injured; in which case such person shall sell such slave atpublic auction in the usual form; to obtain payment of the damages andcosts; and the balance, if any, shall be returned to the master of theslave, who shall be completely discharged, although the price of the slaveshould not be sufficient to pay the whole amount of the damages and costs;provided that the master shall make abandonment within three days after thejudgment awarding such damages, shall have been rendered; provided also thatit 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 resultingtherefrom, whatever be the amount, without being admitted to the benefit ofabandonment. 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 maydischarge himself from this responsibility, by abandoning him to the personwho has sustained the injury, except where the master has turned loose adangerous or noxious animal, for then he must pay for all the harm he hasdone, without being allowed, to make the abandonment. Ib. art. 2301.